10/28/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2003-CA-02321-SCT

Freddie Dabney Hataway, Co-executor of the Estate of Eloise W. Dabney v. Estate of Mary Dabney Nicholls, Deceased, David H. Dabney and Eloise Dabney Lautier; Warren Chancery Court; LC Case #: 00-390GN; Ruling Date: 09/10/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. David H. Dabney and Eloise Dabney Lautier taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Julia Gates Hines Mabus v. Raymond Edwin Mabus, Jr.; Hinds Chancery Court 1st District; LC Case #: G-98-28 R/1; Ruling Date: 08/08/2000; Ruling Judge: Stuart Robinson; Disposition: Motion for Assessment of Statutory Damages for Unsuccessful Appeal filed by counsel for Raymond Edwin Mabus, Jr., is granted. The statutory penalty as provided by Miss. Code Ann., Section 11-3-23 is applicable to the total award of cash, property and debt relief only and not any award of child support. Motion for Additional Time to File a Responsive Pleading filed by counsel for Julia Gates Hines Mabus is dismissed as moot. Not Participating: Diaz and Graves, JJ. Order entered.

Julia Gates Hines Mabus v. Raymond Edwin Mabus, Jr.; Hinds Chancery Court 1st District; LC Case #: G-98-28 R/1; Ruling Date: 08/08/2000; Ruling Judge: Stuart Robinson; Disposition: Motion for Assessment of Statutory Damages for Unsuccessful Appeal filed by counsel for Raymond Edwin Mabus, Jr., is granted. The statutory penalty as provided by Miss. Code Ann., Section 11-3-23 is applicable to the total award of cash, property and debt relief only and not any award of child support. Motion for Additional Time to File a Responsive Pleading filed by counsel for Julia Gates Hines Mabus is dismissed as moot. Not Participating: Diaz and Graves, JJ. Order entered.

Ed Little v. Mississippi Department of Human Services; Harrison Circuit Court 2nd District; LC Case #: 2001-85; Ruling Date: 11/15/2001; Ruling Judge: Robert Walker; Disposition: Motion to Vacate Sanctions Order filed by counsel for Ed Little is denied. Not Participating: Diaz, J. Order entered.

Angela Leann Gregory v. Daniel C. Gregory; Pontotoc Chancery Court; LC Case #: 2000-290; Ruling Date: 11/21/2001; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by Daniel C. Gregory is denied. To Deny: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ. To Grant: Cobb, P.J., Carlson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Deondray Johnson v. State of Mississippi; Attala Circuit Court; LC Case #: 2002-0067-CR; Ruling Date: 10/03/2002; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed pro se by Deondray Johnson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Capital City Insurance Company and W. L. Wicker d/b/a Wicker Logging v. G. B. "Boots" Smith Corporation; Jones Circuit Court 2nd District; LC Case #: 2000-4-CV1; Ruling Date: 09/20/2002; Ruling Judge: Billy Landrum; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Waller, P.J., Concurs in Result Only. Diaz, Graves and Randolph, JJ., not participating.

Donald Jones a/k/a Donald McArthur Jones v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-02-1359; Ruling Date: 11/13/2002; Ruling Judge: Bobby DeLaughter; Disposition: Application for certiorari filed pro se by Donald Jones is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Diaz, J., not participating. Order entered.

Tommy Preuett v. State of Mississippi; Forrest Circuit Court; LC Case #: CI02-0023; Ruling Date: 05/19/2003; Ruling Judge: Jess Dickinson; Disposition: Motion for certiorari filed pro se by Tommy Preuett is dismissed. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ. To Deny: Randolph, J. Not Participating: Diaz, Graves and Dickinson, JJ. Order entered.

William L. Wiley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 3720; Ruling Date: 02/03/1995; Ruling Judge: Andrew Baker; Disposition: Motion for rehearing filed by counsel for petitioner is denied. Cobb, P.J., and Dickinson, J., would grant. Diaz and Graves, JJ., not participating.

William J. Heroman, Janet L. Heroman, Eric Lynch, Nicholas Augustus, IV, Timothy Koerner, Ann Koerner, Hilda Williams and Barbara Scott v. Mayor Billy McDonald and Board of Aldermen of the City of Pass Christian, Mississippi, and Phyllis Hughes and Randy Tuggle, Intervenors; Harrison Circuit Court 1st District; LC Case #: A2401-02-00065; Ruling Date: 05/29/2003; Ruling Judge: Stephen Simpson; Disposition: Motion for rehearing filed by appellants is denied. Easley, J., would grant. Diaz, J., not participating.

Randy Braswell d/b/a Worldwide Drilling v. T & T Welding, Inc. and T & T Communications, LLC; Jones Circuit Court 2nd District; LC Case #: 2002-162-CV5; Ruling Date: 08/15/2003; Ruling Judge: Billy Landrum; Disposition: Motion for Assessment of Statutory Damages filed by Appellees is granted. Statutory damages as provided by Miss. Code Ann., Section 11-3-23 are awarded. Diaz and Graves, JJ., not participating. Order entered.

The Mississippi Bar v. Richard R. Ellington; Disposition: Motion of The Mississippi Bar to Accept Richard R. Ellington's Letter of Resignation is granted. The license of Richard R. Ellington to practice law in the State of Mississippi is revoked with prejudice. Richard R. Ellington is forever barred from seeking reinstatement to the privilege of practicing law in the State of Mississippi. Pursuant to Rule 10.5 of the Rules of Discipline, Ellington's resignation and this order are disciplinary action, and the resignation is tantamount to the proof of guilt on the matter charged. This disciplinary proceeding is now terminated. This order shall constitute notice of irrevocable resignation in this cause. The Clerk of the Supreme Court of Mississippi shall immediately forward an attested copy of this order to the Circuit Court Judges and Chancellors in and for Hinds County, Mississippi, and the Senior Judges of such courts shall enter this order upon the minutes of their respective courts. The Clerk of the Supreme Court of Mississippi shall immediately forward a copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. Diaz and Graves, JJ., not participating. Order entered.

The Mississippi Bar v. Richard R. Ellington; Majority Opinion: Carlson, J. Disposition: The irrevocable resignation from membership in The Mississippi Bar by Richard R. Ellington is hereby accepted. The license of Richard R. Ellington to practice law in the State of Mississippi is revoked with prejudice. Richard R. Ellington is forever barred from seeking reinstatement to the privilege of practicing law in the State of Mississippi. Pursuant to Rule 10.5 of the Rules of Discipline, Ellington's resignation and this order are disciplinary action, and the resignation is tantamount to the proof of guilt on the matter charged. This disciplinary proceeding is now terminated. This order shall constitute notice of irrevocable resignation in this cause. Richard R. Ellington taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.