11/06/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CC-00623-SCT

Citizens Association for Responsible Development, Inc. v. Conrad Yelvington Distributors, Inc., Harrison County Development Commission and Harrison County; Harrison Circuit Court 1st District; LC Case #: 99-00507; Ruling Date: 03/19/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Carlson, JJ., Concur. McRae, P.J., and Diaz, J., not participating.

LaToya Denise Moore, a Minor by and through Her Next Friend, Jerome Moore v. Mississippi Valley Gas Company, a Mississippi Corporation and Rheem Manufacturing Company; Hinds Circuit Court 1st District; LC Case #: 96-738; Ruling Date: 03/11/2002; Ruling Judge: W. Yerger; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley and Carlson, JJ., Concur. Diaz, J., not participating.

Bradley Tew v. Estate of Infant Jane Doe, Deceased; Neshoba Chancery Court; LC Case #: 2001-214; Ruling Date: 05/13/2002; Ruling Judge: John Love, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Carlson, JJ., Concur. McRae, P.J., Concurs in Result Only. Diaz, J., not participating.

Jane Doe v. The State of Mississippi, acting through The Mississippi Department of Corrections and The State Parole Board; Lafayette Circuit Court; LC Case #: L-00-157; Ruling Date: 12/26/2001; Ruling Judge: R. Coleman; Majority Opinion: Waller, J. Disposition: Motion to Withdraw Opinion and Substitute New Opinion, for Instructions to the Clerk of the Court and for Related Relief is granted. The original opinion issued herein is withdrawn, and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Cobb and Diaz, JJ., not participating.

Robert Simon, Jr. v. State of Mississippi; Quitman Circuit Court; LC Case #: 5114; Ruling Date: 10/13/1990; Ruling Judge: Thomas Pearson; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Wayne General Hospital, Cirila Reyes, M.D., R. Kelvin Sherman, M.D., and William E. Powell, M.D. v. Wanda Hayes, Individually and as Next Friend and Natural Guardian of LaTarius Hayes, a Minor on behalf of all who are entitled to recover under the wrongful death and survival statute for the death of Wa'Landra Mesha Hayes, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-314-CIV; Ruling Date: 02/05/2001; Ruling Judge: James Graves, Jr.; Disposition: Motion for Stay of Proceedings filed by appellant Wayne General Hospital is denied. Diaz and Graves, JJ., not participating. Order entered.

Wayne General Hospital, Cirila Reyes, M.D., R. Kelvin Sherman, M.D., and William E. Powell, M.D. v. Wanda Hayes, Individually and as Next Friend and Natural Guardian of LaTarius Hayes, a Minor on behalf of all who are entitled to recover under the wrongful death and survival statute for the death of Wa'Landra Mesha Hayes, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-314-CIV; Ruling Date: 02/05/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, Cobb and Carlson, JJ., Concur. Pittman, C.J., Concurs in Result Only. McRae, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Diaz and Graves, JJ., not participating. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

David Earl King and Nathan Paul King a/k/a Dooley v. State of Mississippi; Walthall Circuit Court; LC Case #: 2001-60-B; Ruling Date: 10/02/2001; Ruling Judge: Mike Smith; Disposition: Motion for rehearing filed by appellants is denied. Graves, J., would grant. Diaz, J., not participating.

Bob G. Willis and Timothy Carey Willis v. State of Mississippi; Forrest Circuit Court; LC Case #: CI-99-0159; Ruling Date: 04/23/2001; Ruling Judge: Richard McKenzie; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed pro se by Bob and Timothy Willis shall be extended until December 15, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 15, 2003. Order entered.

Christine Perez and Milton Perez v. Garden Isle Community Association; Hancock Circuit Court; LC Case #: 98-0135; Ruling Date: 02/23/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Graves, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: McRae, P.J., Concurs. Easley, J., Dissents Without Separate Written Opinion. Carlson, J., Specially Concurs With Separate Written Opinion, Joined by Pittman, C.J., and Cobb, J. Waller, J., Dissents with Separate Written Opinion Joined by Smith, P.J. Diaz, J., not participating. Specially Concurring Opinion: Carlson, J. Votes: Pittman, C.J., and Cobb, J., Join This Opinion. Dissenting Opinion: Waller, J. Votes: Smith, P.J., Joins This Opinion.

Thomas E. Lucas v. Rex Williamson; Lamar Circuit Court; LC Case #: AP2001-52; Ruling Date: 07/09/2001; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Thomas E. Lucas is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Not Participating: Diaz, J. Order entered.

Kevin Divers v. Jennifer Divers; Lowndes Chancery Court; LC Case #: 2000-0250; Ruling Date: 07/31/2001; Ruling Judge: Dorothy Colom; Disposition: Petition for writ of certiorari filed by Jennifer Divers is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Easley and Carlson, JJ. To Grant: Cobb and Graves, JJ. Not Participating: Diaz, J. Order entered.

Henry Clay Payton v. State of Mississippi; Leake Circuit Court; LC Case #: 8474; Ruling Date: 09/07/2001; Ruling Judge: Marcus Gordon; Majority Opinion: Smith, P.J. Disposition: Count I: Conviction of Armed Robbery, Affirmed. Reversed and Remanded for Resentencing on the Armed Robbery Conviction. Count III: Conviction of Arson (Second Degree) and Sentence of Ten (10) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run consecutively to the sentence imposed upon the appellant in Count I when he has been resentenced. Leake County taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J.

Patrick Lippincott v. Mississippi Bureau of Narcotics; Clay Circuit Court; LC Case #: 2000-58; Ruling Date: 10/08/2001; Ruling Judge: Lee Howard; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Patrick Lippincott is extended until December 11, 2003. A final decision on whether to grant or deny the petition should be entered on or before December 11, 2003. Order entered.

Larry Hymes v. Willard L. McIlwain, Jr., George T. Kelly and George Dunbar Prewitt; Washington Circuit Court; LC Case #: CI-2001-17; Ruling Date: 07/23/2001; Ruling Judge: Richard Smith; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Larry Hymes, pro se, is extended until December 19, 2003. A final decision on whether to grant or deny the petition shall be entered on or before December 19, 2003. Order entered.

Russell Brian Richardson v. Donna Marie Bruchman Richardson; DeSoto Chancery Court; LC Case #: 01-07-936B; Ruling Date: 12/13/2001; Ruling Judge: Dennis Baker; Disposition: Petition for writ of certiorari filed pro se by Russell Brian Richardson is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

Clinton Grice Rotenberry, Jr. v. Scottye R. Hooker; Hinds Chancery Court 1st District; LC Case #: G 99-182 (0-3); Ruling Date: 12/20/2001; Ruling Judge: Denise Owens; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents with Separate Written Opinion. Cobb and Diaz, JJ., not participating. Dissenting Opinion: McRae, P.J.

Jane Doe v. The State of Mississippi, acting through The Mississippi Department of Corrections and The State Parole Board; Lafayette Circuit Court; LC Case #: L-00-157; Ruling Date: 12/26/2001; Ruling Judge: R. Coleman; Disposition: Motion to Withdraw Opinion and Substitute New Opinion, for Instructions to the Clerk of the Court and for Related Relief filed by appellant is granted. See Opinion of this Court. McRae, P.J., does not agree with the double publication of this case. Diaz, J., not participating.

Global Oceanic Enterprises, Inc. and Richard Coppola v. Wayne Hynum; Forrest Circuit Court; LC Case #: 99-0094; Ruling Date: 01/15/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., and Easley, J., would grant. Diaz, J., not participating.

Jep Barbour v. Philip Gunn; Hinds Circuit Court 1st District; LC Case #: 251-03-1013 CIV; Ruling Date: 09/29/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: The judgment of the Hinds County Circuit Court is affirmed. An opinion will follow the entry of this order. Smith, P.J., and Cobb, J., would reverse. McRae, P.J., Diaz and Easley, JJ., not participating. Graves, J., for the Court. Order entered.