12/05/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
X  2001-CA-00551-SCT

Bonnie Haggerty v. Steven Foster and Foster Construction Company; Harrison Circuit Court 1st District; LC Case #: A2401-98-00366; Ruling Date: 05/25/2000; Ruling Judge: Kosta Vlahos; Majority Opinion: Diaz, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Schumpert McIntosh v. Barbara Sanders; Kemper Circuit Court; LC Case #: 200-CV-053-B; Ruling Date: 05/04/2001; Ruling Judge: Robert Bailey; Majority Opinion: Diaz, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Franklin Trotter v. Jantran, Inc., Jantran Towing, Inc. and Jantran Harbor Services; Bolivar Circuit Court 1st District; LC Case #: 99-0013; Ruling Date: 06/22/2001; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, J.; Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Carlson, JJ., Concur. Graves, J., not participating.

Mississippi Transportation Commission v. Highland Development, LLC and Highland Development General Partnership; DeSoto Special Court of Eminent Domain; LC Case #: CO2000-0189; Ruling Date: 01/29/2001; Ruling Judge: Mills Barbee; Majority Opinion: McRae, P.J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Diaz, Easley and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion, Joined by Waller and Cobb, JJ. Pittman, C.J., and Carlson, J., not participating.; Dissenting Opinion: Smith, P.J.; Votes: Waller and Cobb, JJ., Join This Opinion.

Aldrick Minor v. State of Mississippi; Adams Circuit Court; LC Case #: 01-KR-0047-J; Ruling Date: 07/06/2001; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Pittman, C.J.; Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, and Payment of all Court Costs and Fees, Affirmed. Adams County taxed with costs of appeal.; Votes: McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.

Jessie Derrell Williams v. State of Mississippi; Jackson Circuit Court; LC Case #: 8310202 ; Ruling Date: 01/20/1990; Ruling Judge: Darwin Maples; Disposition: Application for Leave to Proceed in the Trial Court with a Motion for Post-Conviction Relief filed by Jessie Derrell Williams is dismissed as untimely filed. Motion to Reconsider Denial of the Plaintiff's Motions to Stay, to Appoint Counsel and to Delay Reset of the Execution Date filed by Jessie Derrell Williams is denied. McRae, P.J., not participating. Order entered.

Jessie Derrell Williams v. State of Mississippi; Jackson Circuit Court; LC Case #: 8310202 ; Ruling Date: 01/20/1990; Ruling Judge: Darwin Maples; Disposition: Application for Leave to Proceed in the Trial Court with a Motion for Post-Conviction Relief filed by Jessie Derrell Williams is dismissed as untimely filed. Motion to Reconsider Denial of the Plaintiff's Motions to Stay, to Appoint Counsel and to Delay Reset of the Execution Date filed by Jessie Derrell Williams is denied. McRae, P.J., not participating. Order entered.

United States Fidelity & Guaranty Company v. John Deere Insurance Company, Albert L. East, IV, Albert L. East, III and Ella May East; Hinds Circuit Court 1st District; LC Case #: 251-94-1203CIV; Ruling Date: 11/23/1999; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by John Deere Insurance Company, appellee, is denied. Opinion modified at paragraph 21. McRae, P.J., Easley and Graves, JJ., would deny only. Diaz, J., would grant.

United States Fidelity & Guaranty Company v. John Deere Insurance Company, Albert L. East, IV, Albert L. East, III and Ella May East; Hinds Circuit Court 1st District; LC Case #: 251-94-1203CIV; Ruling Date: 11/23/1999; Ruling Judge: Tomie Green; Disposition: Motion for Partial Voluntary Dismissal of Motion for Rehearing filed by Appellee, John Deere Insurance Company is granted. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; 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 Ray Skates is extended until January 16, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 16, 2003. Order entered.

Eddie James Woulard a/k/a Eddie James Woullard v. State of Mississippi; Wayne Circuit Court; LC Case #: 00-63-K; Ruling Date: 05/12/2000; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Eddie James Woulard a/k/a Eddie James Woullard is denied. To Deny: All Justices. Order entered.

In the Matter of the Estate of Edward A. Davis, Deceased: Diana B. Davis v. Sidney D. Davis, Jr., Phillip Davis, Deborah Ammann, Jean Cockrell, Marty Steinberger, Nell Mathis, Lisa McDaniels, and Estate of Sidney D. Davis, Sr., Deceased, Deborah Ammann, Executrix; Simpson Chancery Court; LC Case #: 95-0479; Ruling Date: 06/28/2000; Ruling Judge: J. Buffington; Disposition: Motion of Diana B. Davis to withdraw her petition for writ of certiorari is granted. The petition for writ of certiorari is dismissed upon entry of this order. Order entered.

In the Matter of the Estate of Edward A. Davis, Deceased: Diana B. Davis v. Sidney D. Davis, Jr., Phillip Davis, Deborah Ammann, Jean Cockrell, Marty Steinberger, Nell Mathis, Lisa McDaniels, and Estate of Sidney D. Davis, Sr., Deceased, Deborah Ammann, Executrix; Simpson Chancery Court; LC Case #: 95-0479; Ruling Date: 06/28/2000; Ruling Judge: J. Buffington; Disposition: Motion of Diana B. Davis to withdraw her petition for writ of certiorari is granted. The petition for writ of certiorari is dismissed upon entry of this order. Order entered.

Luther Edward Carr a/k/a Sonny Hubbard v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 653-99; Ruling Date: 06/30/2000; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Luther Edward Carr a/k/a Sonny Hubbard is denied. To Deny: All Justices. Order entered.

Christopher Alan Myers a/k/a Christopher Myers v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 737-99; Ruling Date: 08/03/2000; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Christopher Alan Myers 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: Petition for writ of certiorari filed by Danny Wayne Russell is denied. To Deny: All Justices. Order entered.

Robert Whiddon and Susan Whiddon v. Jesse D. Smith and United Parcel Service, Inc.; Lamar Circuit Court; LC Case #: 98-0251; Ruling Date: 07/28/2000; Ruling Judge: Michael Eubanks; 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 Whiddon and Susan Whiddon 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.

Dowdle Butane Gas Company, Inc., and Jean L. McDowell v. Walter S. Moore; Lafayette Circuit Court; LC Case #: L99-349; Ruling Date: 08/01/2000; Ruling Judge: Henry Lackey; Majority Opinion: Smith, P.J.; Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellee taxed with costs of appeal.; Votes: Waller, Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Diaz and Easley, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Pittman, C.J., not participating.

Mississippi Power & Light Company v. Kenneth D. Cook; Hinds Circuit Court 1st District; LC Case #: 251-91-68-199; Ruling Date: 10/10/2000; Ruling Judge: Tomie Green; Majority Opinion: Smith, P.J.; Disposition: Affirmed in Part as to Compensatory Damages; Punitive Damages Remitted to $500,000 and Affirmed as Remitted if such Remittitur is Accepted by Kenneth D. Cook within Ten (10) Days After Judgment of this Court is Final; If Remittitur is not Accepted Punitive Damge Award is Reversed and Remanded for a New Trial on Punitive Damages Only; Vacated and Remanded as to Attorney's Fees. Appellant and appellee taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Easley, J., Concurs in Part. Diaz, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by McRae, P.J. and Graves, J.; Concurring in Part and Dissenting in Part Opinion: Diaz, J.; Votes: McRae, P.J., and Graves, J., Join this Opinion.

Roy Adams a/k/a Roy Lee Adams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: G-369; Ruling Date: 12/15/2000; 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 Roy Adams is extended until January 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 31, 2003. Order entered.

In Re: Edward A. Williamson and Michael J. Miller; Leflore Circuit Court; LC Case #: 20-0042CI; Ruling Date: 09/12/2000; Ruling Judge: W. Hines; Consolidated with 2001-CA-00578-SCT In Re: Edward A. Williamson and Michael J. Miller; Leflore Circuit Court; LC Case #: 20-0042CI; Ruling Date: 12/06/2000; Ruling Judge: W. Hines; Majority Opinion: Waller, 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., Cobb and Carlson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined by Diaz, J.; Dissenting Opinion: McRae, P.J.; Votes: Diaz, J., Joins This Opinion.

Romain Powell Wilson v. Greyhound Bus Lines, Inc.; Jackson Circuit Court; LC Case #: CI-96-0067(1); Ruling Date: 01/09/2001; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by appellant is denied.

Michael L. Rhoades v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK98-038-JC; Ruling Date: 01/09/2001; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Michael L. Rhoades is denied. To Deny: All Justices. Order entered.

Bruce L. Chambers and Peggy W. Chambers v. BancorpSouth Bank f/k/a Merchants Bank; Evelyn McDonald and David McDonald d/b/a McDonald Land Developers, a Partnership; and Evelyn McDonald, Individually; Warren Chancery Court; LC Case #: 95-0036GN; Ruling Date: 11/27/2000; Ruling Judge: Vicki Barnes; Disposition: Petition for writ of certiorari filed by Bruce Chambers and Peggy Chambers is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: Easley, J. Order entered.

Joann Carmichael v. State of Mississippi; Leake Circuit Court; LC Case #: 00-CR-0053-LE; Ruling Date: 01/19/2001; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by JoAnn Carmichael is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Kemper County School District v. Mississippi Employment Security Commission; Kemper Circuit Court; LC Case #: 2000-CV-032(R); Ruling Date: 01/19/2001; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari filed by Kemper County School District is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; 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 Ted Smith is extended until January 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before January 31, 2003. Order entered.

Curtis W. Collums, Deceased, by and through Julia F. Collums, Executrix of the Estate of Curtis W. Collums and on behalf of the Wrongful Death Beneficiaries of Curtis W. Collums, Deceased and Julia F. Collums, Individually, and Flex One, Inc. v. Union Planters Bank, N.A., Union Planters Bank of Northeast Mississippi, N.A., Union Planters Bank of Mississippi, and Jim McNeely, Individually, and in his Official Capacity as an Officer of the Other Defendants and John Does I through X; Chickasaw Circuit Court 1st District; LC Case #: H-99-032; Ruling Date: 02/26/2001; Ruling Judge: R. Coleman; Disposition: Petition for writ of certiorari filed by Estate of Curtis W. Collums, deceased, et al., is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Debba Brown v. The Estate of Johnny J. Johnson, Deceased, and Amanda Johnson, Individually; Lincoln Chancery Court; LC Case #: 2000-368; Ruling Date: 03/06/2001; Ruling Judge: R. Reeves, Jr.; Disposition: Petition for writ of certiorari filed by Debba Brown is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Order entered.

Dottie P. Dodson v. Singing River Hospital System and Singing River Hospital; Jackson Circuit Court; LC Case #: CI-990027(3); Ruling Date: 04/09/2001; Ruling Judge: Dale Harkey; Majority Opinion: Waller, J.; Disposition: Reversed and Remanded. Appellees taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., Easley and Graves, JJ., Dissent Without Separate Written Opinion.

Illinois Central Railroad Company, Herbert Bennett and J. R. Wright v. Demetrius Hawkins; Lucious Robinson, Individually, and as Father and Next Friend of Shuntai Robinson, Sherita Robinson, and Juanita Robinson, Minors; Kevin Mabry; Tibithal O. Selders; Alvin P. Haymer, Jr.; Dennis Haymer; Ira Haymer; Miller Haymer; Annette Haymer Fort; Larry Haymer; Stephanie Haymer Perkins; and Bertha Lee Winters; Holmes Circuit Court; LC Case #: 95-0084; Ruling Date: 09/18/2000; Ruling Judge: Jannie Lewis; Disposition: Joint Motion to Dismiss Motion for Rehearing filed by counsel for appellants and appellees is granted. The motion for rehearing is dismissed upon entry of this order. Order entered.

Illinois Central Railroad Company, Herbert Bennett and J. R. Wright v. Demetrius Hawkins; Lucious Robinson, Individually, and as Father and Next Friend of Shuntai Robinson, Sherita Robinson, and Juanita Robinson, Minors; Kevin Mabry; Tibithal O. Selders; Alvin P. Haymer, Jr.; Dennis Haymer; Ira Haymer; Miller Haymer; Annette Haymer Fort; Larry Haymer; Stephanie Haymer Perkins; and Bertha Lee Winters; Holmes Circuit Court; LC Case #: 95-0084; Ruling Date: 09/18/2000; Ruling Judge: Jannie Lewis; Disposition: Joint Motion to Dismiss Motion for Rehearing filed by counsel for appellants and appellees is granted. The motion for rehearing is dismissed upon entry of this order. Order entered.

Catherine Lynn Adams v. Cinemark USA, Inc. ; Harrison Circuit Court 1st District; LC Case #: A2401-2000-234; Ruling Date: 07/24/2001; Ruling Judge: Stephen Simpson; Majority Opinion: Waller, J.; Disposition: Affirmed. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J., and Graves, J. Easley, J., not participating.; Dissenting Opinion: Diaz, J.; Votes: McRae, P.J., and Graves, J., Join This Opinion.

Nelda J. Mitchell, Individually and On Behalf of the Heirs at Law and Wrongful Death Beneficiaries of David E. Mitchell, Deceased v. United Services Automobile Association of San Antonio, Texas (USAA); DeSoto Circuit Court; LC Case #: CV 98-236-R/D; Ruling Date: 07/24/2001; Ruling Judge: George Ready; Majority Opinion: Smith, P.J.; Disposition: Affirmed. Appellants taxed with costs of appeal.; Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion, Joined by McRae, P.J., and Graves, J.. Easley, J., Dissents With Separate Written Opinion, Joined by McRae, P.J.; Dissenting Opinion: Diaz, J.; Votes: McRae, P.J. and Graves, J., Join This Opinion. ; Dissenting Opinion: Easley, J.; Votes: McRae, P.J., Joins This Opinion.

Edwin Keith Fancher v. Gale Alford Pell f/k/a Gale Alford Fancher; Hinds Chancery Court 1st District; LC Case #: 144,373; Ruling Date: 08/21/2001; Ruling Judge: William Singletary; Majority Opinion: Carlson, J.; Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Reversed and Remanded. Appellant taxed with costs of appeal.; Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb and Diaz, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined in Part by Easley, J. Waller, J., not participating.; Concurring in Part and Dissenting in Part Opinion: Graves, J.; Votes: Easley, J., Joins This Opinion in Part.

State of Mississippi v. Steve Woods; Adams Circuit Court; LC Case #: 01-KR-0110-S; Ruling Date: 09/13/2001; Ruling Judge: Lillie Sanders; Majority Opinion: Waller, J.; Disposition: Affirmed. Adams County taxed with costs of appeal.; Votes: McRae and Smith, P.JJ., Carlson and Graves, JJ., Concur. Cobb, J., Dissents With Separate Written Opinion Joined by Pittman, C.J., and Easley, J. Diaz, J., not participating.; Dissenting Opinion: Cobb, J.; Votes: Pittman, C.J., and Easley, J., Join This Opinion.

Mississippi Commission on Judicial Performance v. Joseph Lewis; ; LC Case #: 2000-209; Ruling Date: 11/15/2001; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by Joseph Lewis is denied. McRae, P.J., and Easley, J., would grant. Waller and Graves, JJ., not participating.