Mississippi Supreme Court

Hand Down Lists
November 14, 1996

11/14/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James L. Roberts Jr., J.
U 95-CC-01035-SCT

Scrivens, Elaine V. v. Mississippi Employment Security Commission Appeal No. 940082 from Judgment dated JUNE 30, 1995, Humphreys County Circuit Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
XX 93-CA-01008-SCT

McDonald, Jr., Edward F. v. Carrie L. McDonald Consolidated with: 93-CA-01198-SCT; Appeal No. 146598D2 from Judgment dated AUGUST 03, 1993, Hinds County Chancery Court, First Judicial District; CONSOLIDATED WITH: 93-CA-01198-SCT Carrie L. McDonald v. Edward F. McDonald, Jr.; Appeal No. 146598D2 from Judgment dated SEPTEMBER 23, 1993, Hinds County Chancery Court, First Judicial District; Direct Appeal: Judgment is Affirmed. Cross Appeal: Reversed and Rendered. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Mills, J.; McRae, J., joins in result only. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
93-CA-01198-SCT

McDonald, Carrie L. v. Edward F. McDonald, Jr. Appeal No. 146598D2 from Judgment dated SEPTEMBER 23, 1993, Hinds County Chancery Court, First Judicial District; Direct Appeal: Judgment is Affirmed. Cross Appeal: Reversed and Rendered. Dan Lee, C.J., Dissents with Separate Written Opinion joined by Mills, J.; McRae, J., joins in result only. Appellant is taxed with all costs of this appeal. CONSOLIDATED WITH: XX 93-CA-01008-SCT Edward F. McDonald, Jr. v. Carrie L. McDonald; Appeal No. 146598D2 from Judgment dated AUGUST 03, 1993, Hinds County Chancery Court, First Judicial District.


EN BANC
X 03-DP-00090-SCT

Lanier, Arthur Ray v. State of Mississippi Appeal No. 20180 from Judgment dated JUNE 13, 1985, Harrison County Circuit Court, First Judicial District; Reversed and Remanded for proceedings consistent with the opinion of this Court. Mills, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Concurs in result only. Harrison County is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Expedite Oral Argument dismissed as moot. Order entered.


EN BANC
92-DP-00542-SCT

Davis, Kenneth L. v. State of Mississippi Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Counsel to Withdraw and Request for Stay Pending Appointment of New Counsel filed by Merrida Coxwell and William B. Kirksey denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts and Mills, JJ. To Grant: Banks, J. Not Participating: McRae and Smith, JJ. Order entered.


EN BANC
92-KA-00601-SCT

Neal, Howard Monteville v. State of Mississippi Appeal No. PC6 from Judgment dated MAY 21, 1992, Lawrence County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
XXX 92-CA-00764-SCT

Lewis, Sybil M. and Wilford Willis Lewis, Jr., Individually, and on Behalf of all Wrongful Death Beneficiaries of Wilford Bill Lewis, III v. Paul Kevin Hiatt and Paul Hiatt, Sr. Appeal No. 2913237 from Judgment dated MAY 14, 1992, Forrest County Circuit Court; Motion for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. Direct Appeal: Judgment is Affirmed. Cross Appeal: Judgment is Affirmed. Prather, P.J., Lee, C.J., Roberts, Smith and Mills, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Pittman, J. Appellants are taxed with all costs of this appeal.


EN BANC
93-CT-00531-SCT

Edwards, Terry Donnell v. State of Mississippi Appeal No. 6978 from Judgment dated APRIL 21, 1993, Montgomery County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Terry Donnell Edwards denied. To Deny: All Justices. Order entered.


EN BANC
93-CT-01084-SCT

Banks, Ricky and Wayne Fondren v. E.L.G., a Minor, who sues by and through her Mother and Next Friend, C.A.G., and her Grandparents and Legal Custodians, C.N. and A.N. Appeal No. 9234 from Judgment dated JUNE 24, 1993, Chickasaw County Circuit Court, First Judicial District; DISPOSITION - On Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellants' Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until December 19, 1996. Order entered.


EN BANC
94-CT-00163-SCT

Richardson, Jeffrey, IN THE MATTER OF THE ESTATE OF: Darlene Jones, Mary Gillespie and Browyn Young v. Estate of Jeffrey Richardson Appeal No. P3423 from Judgment dated MARCH 05, 1993, Jackson County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by the Estate of Jeffrey Richardson on August 19, 1996, denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ. To Grant: Banks, J. Not Participating: McRae, J. Order entered. DISPOSITION - Petition for Writ of Certiorari filed by the Estate of Jeffrey Richardson on October 9, 1996, granted. M.R.A.P. 17 and 40 are suspended pursuant to M.R.A.P. 2(c). To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. Not Participating: McRae, J. Order entered.


EN BANC
94-KA-00182-SCT

Bowlin, Leslie a/k/a Leslie Bolin v. State of Mississippi Appeal No. 93090CV1 from Judgment dated JANUARY 25, 1994, Lowndes County Circuit Court; CONSOLIDATED WITH: 94-KA-00677-SCT Leslie Bowlin a/k/a Leslie Bolin v. State of Mississippi; Appeal No. 93090CV1 from Judgment dated JANUARY 25, 1994, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
94-KA-00677-SCT

Bowlin, Leslie a/k/a Leslie Bolin v. State of Mississippi Appeal No. 93090CV1 from Judgment dated JANUARY 25, 1994, Lowndes County Circuit Court; CONSOLIDATED WITH: 94-KA-00677-SCT Leslie Bowlin a/k/a Leslie Bolin v. State of Mississippi; Appeal No. 93090CV1 from Judgment dated JANUARY 25, 1994, Lowndes County Circuit Court; DISPOSITION - Motion for Rehearing denied.


EN BANC
XX 94-CT-00355-SCT

McCoy, Alma, Administratrix of the Estate of Earnest Selby McCoy v. South Central Bell Telephone Company Appeal No. 912871 from Judgment dated MARCH 25, 1994, Prentiss County Circuit Court; Judgment Affirmed. Smith, J., Lee, C.J., Pittman, Banks, Roberts and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J.; Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal.


EN BANC
95-CT-00026-SCT

Scott Electric Company, Inc. and the Fidelity & Casualty Company of New York v. Melissa Dawn Serio and Melanie Rose Brooks, Co-executrixes of the Estate of Pattie Smith, Deceased, Dependant of George Edward Smith, Deceased Appeal No. 9413120 from Judgment dated NOVEMBER 30, 1994, Washington County Circuit Court; CONSOLIDATED WITH: 95-CT-00086-SCT Melissa Dawn Serio and Melanie Rose Brooks, Co-executrixes of the Estate of Pattie Smith, Deceased, Dependant of George Edward Smith, Deceased v. Scott Electric Company, Inc. and the Fidelity & Casualty Company of New York; Appeal No. 9413120 from Judgment dated JANUARY 05, 1995, Washington County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Scott Electric Company and The Fidelity & Casualty Company of New York denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00086-SCT

Serio, Melissa Dawn and Melanie Rose Brooks, Co-executrixes of the Estate of Pattie Smith, Deceased, Dependant of George Edward Smith, Deceased v. Scott Electric Company, Inc. and the Fidelity & Casualty Company of New York Appeal No. 9413120 from Judgment dated JANUARY 05, 1995, Washington County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Scott Electric Company and The Fidelity & Casualty Company of New York denied. To Deny: All Justices. Order entered. CONSOLIDATED WITH: 95-CT-00026-SCT Scott Electric Company, Inc. and the Fidelity & Casualty Company of New York v. Melissa Dawn Serio and Melanie Rose Brooks, Co-executrixes of the Estate of Pattie Smith, Deceased, Dependant of George Edward Smith, Deceased; Appeal No. 9413120 from Judgment dated NOVEMBER 30, 1994, Washington County Circuit Court.


EN BANC
95-CT-00112-SCT

Delahoussaye, John v. Mary Mahoney's Inc. Appeal No. 895456 from Judgment dated DECEMBER 14, 1994, Jackson County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by John Delahoussaye granted. To Grant: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks and McRae, JJ. To Deny: Roberts, Smith and Mills, JJ. Order entered.


EN BANC
95-CT-00259-SCT

Griffin, W. Dewayne v. Foamex, a Limited Partnership Appeal No. H93234 from Judgment dated FEBRUARY 08, 1995, Chickasaw County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Foamex, a Limited Partnership, denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00626-SCT

Owen, M. D., William D. v. T. Steve Parvin, M. D. and the Mississippi State Board of Medical Licensure Appeal No. G941844 from Judgment dated JUNE 07, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by William D. Owen, M.D., denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.


EN BANC
95-CT-00776-SCT

Alexander, Anthony v. Bradford Seafood Company Appeal No. 9500172 from Judgment dated JULY 07, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Bradford Seafood Company granted. To Grant: Lee, C.J., Sullivan, P.J., Pittman and McRae, JJ. To Deny: Prather, P.J., Banks, Roberts, Smith and Mills, JJ. Order entered.