10/27/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
XX  2004-CA-01023-SCT

Shelter Mutual Insurance Company and Shelter General Insurance Company v. George Dale, Commissioner of Insurance, State of Mississippi, and Mississippi Department of Insurance; Hinds Chancery Court 1st District; LC Case #: G2003-572 W/4; Ruling Date: 04/19/2004; Ruling Judge: Patricia Wise; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Graves, J., Dissents With Separate Written Opinion Joined in Part by Easley, J. Diaz, J., not participating. Dissenting Opinion: Graves, J. Votes: Easley, J., Joins This Opinion in Part.

Eddie Simmons and Christi Simmons v. Marvin Jaggers; Lee Chancery Court; LC Case #: 02-1069-41-M; Ruling Date: 07/21/2004; Ruling Judge: Jacqueline Mask; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 12/01/2004; Ruling Judge: Sebe Dale, Jr.; Consolidated with 2003-CA-02457-SCT Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Johnny Berry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2002-0629-CR1; Ruling Date: 05/29/2003; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Johnny Berry is dismissed. M.R.A.P. 17(b). Order entered.

James Lynwood Bergeron v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0142-J; Ruling Date: 11/04/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for James Lynwood Bergeron is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Wayne E. Ferrell, Jr. d/b/a Ferrell-Hubbard Investments v. River City Roofing, Inc., and Larry Montpelier, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-01-1493; Ruling Date: 08/11/2003; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellant is denied. Easley and Graves, JJ., would grant. Diaz, J., not participating.

Aladdin Construction Company, Inc., Brightway Services, Inc., Jones Sign Company, Inc. and Robert Joe Hill d/b/a J-N-H Construction v. John Hancock Life Insurance Company; Jackson Chancery Court; LC Case #: 2001-1202-JB; Ruling Date: 01/28/2004; Ruling Judge: Jaye Bradley; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ., Concur. Dickinson, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Percy Latiker a/k/a Percell Latiker v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-070-LE-G; Ruling Date: 01/16/2004; Ruling Judge: Marcus Gordon; Disposition: Motion to Strike Improper Matter from Latiker's Brief for Appellant filed by appellee is granted. Diaz, J., not participating. Order entered.

Percy Latiker a/k/a Percell Latiker v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-070-LE-G; Ruling Date: 01/16/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Cobb, P.J. Disposition: Conviction of Sale of Cocaine and Sentence of Twelve (12) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Bryan Foods, Inc. v. James David White; Clay Circuit Court; LC Case #: 2003-0103; Ruling Date: 01/16/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Bryan Foods, Inc., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Yildirim Errol Ali v. State of Mississippi; Hancock Circuit Court; LC Case #: 03-0049; Ruling Date: 12/11/2003; Ruling Judge: Robert Walker; Disposition: Motion for Written Opinion filed by counsel for Yildirim Errol Ali is denied. Diaz, J., not participating. Order entered.

Arvin Dale Rochell v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2004-04; Ruling Date: 02/20/2004; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed pro se by Arvin Dale Rochell is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

MCTA, a Mississippi General Partnership and Northeast Mississippi Cellular, LLC, A Georgia Limited Liability Company v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-02-1114CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-CA-01252-SCT BellSouth Personal Communication, LLC, the successor to MCTA, a Mississippi General Partnership v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-00-892CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellants is denied. Easley, J., would deny, but not modify opinion. Waller, P.J., and Diaz, J., not participating. Opinion modified at paragraphs 2, 5 and 6.

MCTA, a Mississippi General Partnership and Northeast Mississippi Cellular, LLC, A Georgia Limited Liability Company v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-02-1114CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-CA-01252-SCT BellSouth Personal Communication, LLC, the successor to MCTA, a Mississippi General Partnership v. Board of Supervisors of Hinds County, Mississippi and Tax Assessor, Mike Barnes; Hinds Circuit Court 1st District; LC Case #: 251-00-892CIV; Ruling Date: 04/20/2004; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellees is denied. Easley, J., would deny, but not modify opinion. Waller, P.J., and Diaz, J., not participating. Opinion modified at paragraphs 2, 5 and 6.

The Mississippi Bar v. Rodney E. Rexrode; Majority Opinion: Dickinson, J. Disposition: Rodney E. Rexrode is hereby disbarred from the practice of law in the State of Mississippi, effective upon entry of this order. Rodney E. Rexrode taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Prepaid Legal Services, Inc. and Harland C. Stonecipher v. Barbara Booth; Holmes Circuit Court; LC Case #: 2002-214; Ruling Date: 07/15/2005; Ruling Judge: Jannie Lewis; Disposition: Motion to Strike Notice of Appeal filed by counsel for Barbara Booth is granted. This appeal shall be dismissed upon entry of this order. All costs are assessed to the appellant. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.