11/06/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2007-CA-00702-SCT

A.D.R. v. J.L.H; Jackson Chancery Court; LC Case #: 2006-2226PW; Ruling Date: 04/03/2007; Ruling Judge: D. Harris, Sr.; Majority Opinion: Graves, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Lamar, J., not participating.

Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Consolidated with 2007-SA-00597-SCT Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Disposition: Joint Motion to Dismiss Appeal with Prejudice and Other Relief filed by counsel for Dennis McLemore, Tammy McLemore and the Mississippi Transportation Commission is denied. Smith, C.J., would dismiss the appeal, but would not withdraw the opinion. Order entered.

Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Consolidated with 2007-SA-00597-SCT Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by appellee is denied. Smith, C.J., would grant. Randolph, J., would deny with modifications.

Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Consolidated with 2007-SA-00597-SCT Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Disposition: Motion to Stay Consideration of Motion for Rehearing filed by the Mississippi Transportation Commission is denied. Order entered.

State of Mississippi v. Jimmy Bass; Bolivar Circuit Court 2nd District; LC Case #: 2005-0038; Ruling Date: 06/14/2006; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller, P.J., Carlson and Lamar, JJ. To Deny: Diaz, P.J., Easley, Graves, Dickinson and Randolph, JJ. Order entered.

In the Matter of the Last Will and Testament of Mazie Wilcher, Deceased: Lonnie Faulkner, Zachary Faulkner and Benjamin Faulkner v. Thomas Karl Wilcher, Executor of the Estate of Mazie Wilcher, Deceased, and Connie Wilcher; Leake Chancery Court; LC Case #: 2003-0047; Ruling Date: 06/08/2006; Ruling Judge: William Lutz; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Thomas Karl Wilcher taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Lamar, J., not participating.

Rochester Eugene Presley a/k/a Ronald Starks a/k/a Zee Zee Zelazurra a/k/a Zee Zee Zela Zuro v. State of Mississippi; Forrest Circuit Court; LC Case #: 05-550-CR; Ruling Date: 04/06/2006; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed pro se by Rochester Eugene Presley is denied. To Deny: All Justices. Order entered.

In The Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Meridian, Lauderdale County, Mississippi: The Town of Marion, Mississippi, Lauderdale County, Mississippi, Citizens Against Annexation and Eagle Pointe Homeowner's Association, Inc. v. City of Meridian, Mississippi; Lauderdale Chancery Court; LC Case #: 02-845-M; Ruling Date: 08/10/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion for rehearing filed by appellants is denied. Easley, J., would grant.

David Claude Busby v. State of Mississippi; Clarke Circuit Court; LC Case #: 2006-55(w); Ruling Date: 07/26/2006; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by David Claude Busby is denied. To Deny: All Justices. Order entered.

James Dwight Vickers, Sr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2002-357; Ruling Date: 05/13/2003; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by counsel for James Dwight Vickers, Sr., is denied. To Deny: All Justices. Order entered.

Estate of Venus Jones, M.D., Lance Wright, M.D. and Semmes-Murphy Clinic, Memphis Pathology Labs and Baptist Rapid Access Lab v. Tyson Phillips, A Minor, By and Through His Next Friend, Mary Jean Phillips and Mary Jean Phillips, Individually and as Conservator for Wilbert Phillips; Coahoma Circuit Court; LC Case #: 14- CI-01-0061; Ruling Date: 12/30/2002; Ruling Judge: Kenneth Thomas; Disposition: Appellants' motion to dismiss their motion for rehearing is granted. The motion for rehearing is dismissed.

Estate of Venus Jones, M.D., Lance Wright, M.D. and Semmes-Murphy Clinic, Memphis Pathology Labs and Baptist Rapid Access Lab v. Tyson Phillips, A Minor, By and Through His Next Friend, Mary Jean Phillips and Mary Jean Phillips, Individually and as Conservator for Wilbert Phillips; Coahoma Circuit Court; LC Case #: 14- CI-01-0061; Ruling Date: 12/30/2002; Ruling Judge: Kenneth Thomas; Disposition: Appellants' motion to dismiss their motion for rehearing is granted. The motion for rehearing is dismissed.

Public Employees' Retirement System v. Mary Card; Hinds Circuit Court 1st District; LC Case #: 251-04-687CIV; Ruling Date: 12/12/2006; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Mary Card is denied. To Deny: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Not Participating: Waller, P.J. Order entered

In Re: Body of Victoria Spiers Age 10, Deceased: Carmen D. Hastings v. Joel Scott Spiers; Adams Circuit Court; LC Case #: C 06-KV-0222-J; Ruling Date: 01/10/2007; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by appellee is denied.

Thomas Woodrow Farris, Sr. and Charlotte J. Kelly v. Mississippi Real Estate Commission; DeSoto Circuit Court; LC Case #: CV2004-0108CD; Ruling Date: 01/23/2007; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by counsel for Charlotte Kelly is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Nhan Neill v. Waterway Inc./Team America and Legion Insurance Company Successor Tennessee Insurance Guaranty Fund; Tishomingo Circuit Court; LC Case #: CV06-0129GT; Ruling Date: 01/31/2007; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Nhan Neill is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Consolidated with 2005-CA-02076-SCT Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Disposition: Joint Motion to Dismiss Appeal with Prejudice and Other Relief filed by counsel for Dennis McLemore, Tammy McLemore and the Mississippi Transportation Commission is denied. Smith, C.J., would dismiss the appeal, but would not withdraw the opinion. Order entered.

Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Consolidated with 2005-CA-02076-SCT Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by appellee is denied. Smith, C.J., would grant. Randolph, J., would deny with modifications.

Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Consolidated with 2005-CA-02076-SCT Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Disposition: Motion to Stay Consideration of Motion for Rehearing filed by the Mississippi Transportation Commission is denied. Order entered.

Hal Wayne Deaton v. Mississippi Farm Bureau Casualty Insurance Company; Grenada Circuit Court; LC Case #: 2006-438-CVM; Ruling Date: 05/03/2007; Ruling Judge: C. Morgan, III; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Dissenting Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion.

City of Petal, Mississippi a Municipal Corporation v. Dixie Peanut Company d/b/a Dixie Ice Company; Forrest Circuit Court; LC Case #: CI-06-0104; Ruling Date: 02/01/2007; Ruling Judge: Robert Helfrich; Disposition: Motion to withdraw its petition for writ of certiorari and dismiss its appeal filed by the City of Petal is granted. The petition for writ of certiorari is dismissed upon entry of this order. All costs of this appeal are assessed to appellant. Order entered.

City of Petal, Mississippi a Municipal Corporation v. Dixie Peanut Company d/b/a Dixie Ice Company; Forrest Circuit Court; LC Case #: CI-06-0104; Ruling Date: 02/01/2007; Ruling Judge: Robert Helfrich; Disposition: Motion to withdraw its petition for writ of certiorari and dismiss its appeal filed by the City of Petal is granted. The petition for writ of certiorari is dismissed upon entry of this order. All costs of this appeal are assessed to appellant. Order entered.

Ronnie Alexander, et al. v. Mississippi Department of Employment Security and Mississippi Polymers; Alcorn Circuit Court; LC Case #: 2007-0393FA; Ruling Date: 12/06/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Easley, J.; Graves, J. Joins In Part. Lamar, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Easley, J., Joins This Opinion. Graves, J., Joins This Opinion in Part.