11/21/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2001-SA-00951-SCT

Brenda W. Pickle v. IGT and Sam's Town Hotel and Gambling Hall; Tunica Circuit Court; LC Case #: 98-0287; Ruling Date: 06/05/2001; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion.

Larry Harris v. Mississippi Department of Corrections; Sunflower Circuit Court 1st District; LC Case #: 2001-0069CI; Ruling Date: 07/19/2001; Ruling Judge: Betty Sanders; Majority Opinion: Smith, P.J.; Disposition: Affirmed. Appellant taxed with cost of appeal; Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

Janet Burgess and C. M. Boyles v. BankPlus, A Mississippi Banking Corporation; Wayne Circuit Court; LC Case #: CV-99-120-R; Ruling Date: 09/20/2000; Ruling Judge: Larry Roberts; Majority Opinion: Smith, P.J.; Disposition: Affirmed. Appellant taxed with cost of appeal; Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Dissents Without Separate Written Opinion.

Peggy Spradling McCord, Executrix v. Nina M. Spradling; Calhoun Chancery Court; LC Case #: 96319; Ruling Date: 09/25/1997; Ruling Judge: Anthony Farese; Majority Opinion: Cobb, J.; Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Specially Concurs With Separate Written Opinion.; Specially Concurring Opinion: McRae, P.J.

American Income Life Insurance Company v. Deloise (Townsend) Hollins; Humphreys Circuit Court; LC Case #: 940074; Ruling Date: 12/21/1998; Ruling Judge: Jannie Lewis; Disposition: Appellant's motion for rehearing is granted. Smith, Waller, Cobb and Carlson, JJ., would deny.

American Income Life Insurance Company v. Deloise (Townsend) Hollins; Humphreys Circuit Court; LC Case #: 940074; Ruling Date: 12/21/1998; Ruling Judge: Jannie Lewis; Majority Opinion: McRae, P.J.; Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed. Appellant taxed with cost of appeal; Votes: Diaz, Easley and Graves, JJ., Concur. Pittman, C.J., Concurs in Result Only. Smith, P.J., Dissents With Separate Written Opinion Joined by Waller, Cobb and Carlson, JJ.; Dissenting Opinion: Smith, P.J.; Votes: Waller, Cobb and Carlson, JJ., Join This Opinion.

Jamie Randolph a/k/a Jamie Estus Randolph v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-322CR; Ruling Date: 12/02/1999; Ruling Judge: Richard McKenzie; Disposition: The motion for rehearing filed by appellant is denied. Opinion modified at paragraphs 57, 58 and 60. McRae, P.J., would deny only. Pittman, C.J., not participating.

American Bankers Insurance Company of Florida v. Oliver Booth; Jones Chancery Court 2nd District; LC Case #: 98,0195; Ruling Date: 04/05/2000; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2000-IA-00636-SCT Mercury Finance Company of Mississippi, Inc. v. Oliver Booth; Jones Chancery Court 2nd District; LC Case #: 98,0915; Ruling Date: 04/05/2000; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Cobb, J.; Disposition: Reversed and Remanded. Appellee taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J., Diaz and Easley, JJ., Dissent Without Separate Written Opinion.

AmSouth Bank f/k/a Deposit Guaranty National Bank v. Krishan K. Gupta and Rishi Enterprises, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-575; Ruling Date: 06/30/2000; Ruling Judge: James Graves, Jr.; Majority Opinion: Cobb, J.; Disposition: Affirmed In Part; Reversed And Rendered In Part; Reversed And Remanded In Part Appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., and Waller, J., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J. Carlson and Graves, JJ., Not Participating; Dissenting Opinion: Diaz, J.; Votes: McRae, P.J., Joins this Opinion.

Tommie Lee Kittler v. State of Mississippi; Wayne Circuit Court; LC Case #: 00-29-K; Ruling Date: 06/29/2000; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Tommie Lee Kittler is denied. To Deny: All Justices. Order entered.

Danny Wayne Russell v. State of Mississippi; Rankin Circuit Court; LC Case #: 11,388; Ruling Date: 06/30/2000; Ruling Judge: John Kitchens; 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 Danny Wayne Russell is extended until December 6, 2002. A final decision on whether to grant or deny the petition shall be entered on or before December 6, 2002. Order entered.

Robert Tubwell a/k/a Robert E. Tubwell a/k/a Robert Earl Tubwell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-412; Ruling Date: 10/04/2000; Ruling Judge: W. Yerger; 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 Robert Tubwell is extended until January 10, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 10, 2003. Order entered.

Jerome J. Tott v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 811-99; Ruling Date: 07/27/2000; Ruling Judge: Larry Roberts; 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 Jerome J. Tott is extended until January 10, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 10, 2003. Order entered.

A.B.E., Inc. and the Mississippi Public Service Commission v. City of Oxford, Mississippi, Big Leaf Development, Inc. and Steven N. McCluskey; Lafayette Chancery Court; LC Case #: 99-252; Ruling Date: 11/14/2000; Ruling Judge: Norman Gillespie; Disposition: City of Oxford's motion for rehearing is denied. Smith, P.J., Waller and Easley, JJ., would grant. Cobb, J., not participating.

Wanda L. Jackson Hale v. Fluor Daniel Corporation and CNA Insurance Corporation; Jackson Circuit Court; LC Case #: 2000-00-183(2); Ruling Date: 12/21/2000; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Wanda L. Jackson Hale is denied. To Deny: All Justices. Order entered.

John Bowen v. DeSoto County Board of Supervisors; DeSoto Circuit Court; LC Case #: CV2000-0080B/D; Ruling Date: 09/28/2000; Ruling Judge: Andrew Baker; 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 the DeSoto County Board of Supervisors is extended until January 2, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 2, 2003. Order entered.