11/02/2006 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2004-CT-00239-SCT

Tremayne Whitlock v. State of Mississippi; Covington Circuit Court; LC Case #: 2000-24-K; Ruling Date: 07/16/2003; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Tremayne Whitlock is denied. To Deny: All Justices. Order entered.

Johnny Powe and Melinda Powe v. Roy Anderson Construction Company, Inc., and ADS, L.L.C.; Harrison Circuit Court 1st District; LC Case #: A2401-03-00297; Ruling Date: 04/01/2004; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by Johnny Powe and Melinda Powe is denied. To Deny: All Justices. Order entered.

Kenneth Dewayne Carter v. State of Mississippi; Warren Circuit Court; LC Case #: 03,0098CRV; Ruling Date: 07/25/2003; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed pro se by Kenneth Dewayne Carter is denied. To Deny: All Justices. Order entered.

Dennis Dobbs v. State of Mississippi; Clay Circuit Court; LC Case #: 8399; Ruling Date: 07/23/2004; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Dennis Dobbs is dismissed. M.R.A.P. 17(b). Order entered.

Bobby Herron v. State of Mississippi; Monroe Circuit Court; LC Case #: CR03-098; Ruling Date: 02/18/2004; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by counsel for Bobby Herron is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Randolph, JJ. Not Participating: Dickinson, J. Order entered.

Herring Gas Company, Inc. v. Paul M. Newton, Jr., Jonathan B. Fairbank and Michael M. Taylor; Harrison Chancery Court 1st District; LC Case #: 03-00643-3; Ruling Date: 02/05/2004; Ruling Judge: Sanford Steckler; Disposition: Petition to Dismiss filed by Herring Gas Company is granted. The Petition for Writ of Certiorari filed by Herring Gas Company, Inc., is dismissed upon entry of this order. Order entered.

Herring Gas Company, Inc. v. Paul M. Newton, Jr., Jonathan B. Fairbank and Michael M. Taylor; Harrison Chancery Court 1st District; LC Case #: 03-00643-3; Ruling Date: 02/05/2004; Ruling Judge: Sanford Steckler; Disposition: Petition to Dismiss filed by Herring Gas Company is granted. The Petition for Writ of Certiorari filed by Herring Gas Company, Inc., is dismissed upon entry of this order. Order entered.

Davis Island Land Co., LLC v. Vicksburg Warren School District and the State of Mississippi; Warren Chancery Court; LC Case #: 2004-175GN; Ruling Date: 12/07/2004; Ruling Judge: Marie Wilson; Disposition: Petition for writ of certiorari filed by Davis Island Land Co., LLC is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., and Graves, J. To Deny: Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Order entered.

Gannett River States Publishing Company, Inc. d/b/a The Clarion-Ledger v. Entergy Mississippi, Inc.; Hinds Chancery Court 1st District; LC Case #: G2004-1164 R/1; Ruling Date: 12/15/2004; Ruling Judge: Stuart Robinson; Disposition: Motion for rehearing filed by appellant is denied. Easley and Carlson, JJ., would grant. Diaz and Graves, JJ., not participating.

Minor Child by and through Her Parents and Next Friends John Doe and Jane Doe; and John Doe and Jane Doe, Parents, Individually v. Mississippi State Federation of Colored Women's Club Housing for the Elderly in Clinton, Inc. d/b/a Federation Tower, and Southland Management Corporation, Individually; Hinds Circuit Court 1st District; LC Case #: 251-02-884CIV; Ruling Date: 11/23/2004; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Mississippi State Federation of Colored Women's Club Housing for the Elderly in Clinton, Inc. d/b/a Federation Tower and Southland Management Corporation, Individually, is denied. To Deny: All Justices. Order entered.

Jacque Russell, Executrix of the Estate of Jake Bryan, Deceased v. Jimmy Earl Aron; Calhoun Circuit Court; LC Case #: C2001-160; Ruling Date: 12/21/2004; Ruling Judge: Joseph Webster; Disposition: Petition for writ of certiorari filed by Jacque Russell, Executrix of the Estate of Jake Bryan, Deceased, is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Easley, J. Order entered.

Terry L. Bullard v. The Guardian Life Insurance Company of America; Alcorn Circuit Court; LC Case #: 2000-422AA; Ruling Date: 04/01/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents with Separate Written Opinion. Dissenting Opinion: Easley, J.

Bedford Health Properties, LLC, Hattiesburg Medical Park, Inc., Hattiesburg Medical Park Management Corporation, Michael E. McElroy, Sr., M. E. McElroy, Jr., M. E. McElroy, Inc., Bedford Care Center-Monroe Hall, LLC, Bedford Care Center-Warren Hall, LLC, Robert Perry and Gina Simonetti v. The Estate of Clifton Williams by and through Grace Hawthorne, Administratrix of the Estate of Clifton Williams, for the Use and Benefit of the Estate of Clifton Williams, and for the Use and Benefit of the Wrongful Death Beneficiaries of Clifton Williams; Forrest Circuit Court; LC Case #: CI02-0385; Ruling Date: 06/07/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Easley, J. Disposition: Affirmed in Part; Reversed in Part; and Remanded. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Cobb, P.J., and Graves, J., Concur in Part and Dissent in Part Without Separate Written Opinion. Diaz, J., Dissents Without Separate Written Opinion. Randolph, J., not participating.

Peter Neglen, M.D. and Seshadri Raju, M.D. v. Lillian Breazeale, Individually, and as Next of Kin of Deceased, James C. Breazeale, and on Behalf of the Wrongful Death Beneficiaries of James C. Breazeale; Neshoba Circuit Court; LC Case #: 04-CV-0053-NS-G; Ruling Date: 01/21/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.