11/30/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2005-CC-01472-SCT

Sierra Club, Everett Kennard and Boswell Kennard v. Mississippi Environmental Quality Permit Board and Willie (Bill) Carroll Cook d/b/a Cook Swine Farm; Oktibbeha Chancery Court; LC Case #: 2003-0065-L; Ruling Date: 05/23/2005; Ruling Judge: Robert Lancaster; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ., Concur. Cobb, P.J., not participating.

Joshua Phillipson v. State of Mississippi; Rankin Circuit Court; LC Case #: 16196; Ruling Date: 12/14/2005; Ruling Judge: Samac Richardson; Majority Opinion: Diaz, J. Disposition: Conviction of Statutory Rape and Sentence of Two and One-half (2 l/2) Years in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

The Estate of Samuel Johnson, M.D. v. Joshua Cosby Chatelain, a Minor, by and through His Mother and Adult Next Friend, Theresa Chatelain; Hinds Circuit Court 1st District; LC Case #: 251-99-69CIV; Ruling Date: 06/07/2005; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Specially Concurs With Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. Specially Concurring Opinion: Easley, J. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Join This Opinion.

Orlando Jenkins v. State of Mississippi; Attala Circuit Court; LC Case #: 04-0031(A)-CR; Ruling Date: 03/31/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Waller, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively to any sentence previously imposed. Attala County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., Concur in Result Only.

Wallace Weatherly, M.D., and Weatherly Sports Medicine & Family Orthopaedic Clinic, P.C. v. Adina Welker and Forrest Welker; Hinds Circuit Court 1st District; LC Case #: 251-00-714CIV; Ruling Date: 08/04/2003; Ruling Judge: Tomie Green; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents Without Separate Written Opinion. Graves, J., not participating.

Mississippi Wildlife, Fisheries and Parks v. Alice Brannon; Pike Circuit Court; LC Case #: 01-085-B; Ruling Date: 11/19/2003; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari pursuant to M.R.A.P. 17 filed by counsel for Alice Brannon is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Graves, JJ. To Grant: Randolph, J. Not Participating: Dickinson, J. Order entered.

Federated Mutual Insurance Company v. Kevin Darrin McNeal; Smith Circuit Court; LC Case #: 98-0230; Ruling Date: 11/04/2004; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellee is denied. The previous opinion is withdrawn and these opinions are substituted therefor. Diaz, Easley, Graves and Randolph, JJ., would grant.

Federated Mutual Insurance Company v. Kevin Darrin McNeal; Smith Circuit Court; LC Case #: 98-0230; Ruling Date: 11/04/2004; Ruling Judge: Robert Evans; Majority Opinion: Dickinson, J. Disposition: The motion for rehearing is denied. The previous opinion is withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Easley, Graves and Randolph, JJ. Dissenting Opinion: Diaz, J. Votes: Easley, Graves and Randolph, JJ., Join This Opinion.

Travis Livingston v. State of Mississippi; Lamar Circuit Court; LC Case #: 2004K-258E; Ruling Date: 09/03/2004; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed by counsel for Travis Livingston is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Order entered.

Kenneth Cleveland, M.D., and Central Surgical Associates, PLLC v. John Mann and Mark Mann, His Sons, Beneficiaries of John D. Mann, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-319; Ruling Date: 02/23/2005; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by appellees is denied. Diaz, Easley, Graves and Randolph, JJ., would grant.

Karl Albert, et al. v. Allied Glove Corporation, et al.; Jefferson Circuit Court; LC Case #: 2000-150; Ruling Date: 04/21/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., Dissents With Separate Written Opinion, Joined In Part by Graves, J. Randolph, J., not participating. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion in Part.

David Coleman, Jasper Denson, William Elm, James Lee Gill, James F. McGowan and William Mulligan v. A-Bex Corporation., et al.; Jefferson Circuit Court; LC Case #: 2000-18; Ruling Date: 04/22/2005; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Cobb, P.J., and Randolph, J., not participating. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Jerry Lee Mack a/k/a Jerry Mack v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2005-54; Ruling Date: 06/06/2005; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed pro se by Jerry Lee Mack 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.

Microtek Medical, Inc. v. 3M Company; Lowndes Chancery Court; LC Case #: 2003-0906; Ruling Date: 08/31/2005; Ruling Judge: Kenneth Burns; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., not participating.

Roger Weiner, M.D. v. Scotty A. Meredith, Coahoma County Coroner; Coahoma Chancery Court; LC Case #: 2005-450; Ruling Date: 11/23/2005; Ruling Judge: William Willard, Jr.; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Randolph, JJ., Concur. Graves, J., not participating.

Lealue "Annette" Cousin and Richie Cousin v. Enterprise Leasing Company-South Central, Inc. and Jana Kellems; Chickasaw Circuit Court 2nd District; LC Case #: 02004-045; Ruling Date: 02/16/2006; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Easley, J., Concur. Dickinson, J., Dissents wih Separate Written Opinion Joined by Diaz, Graves and Randolph, JJ. Dissenting Opinion: Dickinson, J. Votes: Diaz, Graves and Randolph, JJ., Join This Opinion.