12/09/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-CA-00808-SCT

Prepaid Legal Services, Inc., Harland C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Malcom Taylor, et al.; Claiborne Circuit Court; LC Case #: 2002-102; Ruling Date: 04/08/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Wanda B. Montgomery v. Tammy L. Woolbright; Lowndes Circuit Court; LC Case #: 99-088-CV1; Ruling Date: 07/24/2003; Ruling Judge: William Lamb; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Terminix International, Inc., Limited Partnership, Ray Stites and Anthony C. Fagan v. David Rice and Cynthia O. Rice; Jones Circuit Court 2nd District; LC Case #: 2002-175-CV5; Ruling Date: 11/12/2003; Ruling Judge: Billy Landrum; Consolidated with 2003-CA-02548-SCT Ray Stites, Anthony C. Fagan and Terminix International Company, Limited Partnership v. David Rice and Cynthia O. Rice; Jones Circuit Court 2nd District; LC Case #: 2002-175-CV5; Ruling Date: 08/27/2002; Ruling Judge: Billy Landrum; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Odell Patterson, and Wife, Fannie Patterson and Floyd Patterson v. Liberty Associates, L.P. and Century Management Company; Amite Circuit Court; LC Case #: 02-CV-134-J; Ruling Date: 05/12/2003; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Gulf Insurance Company v. Neel-Schaffer, Inc.; Hinds Chancery Court 1st District; LC Case #: G-2001-1863013; Ruling Date: 05/23/2003; Ruling Judge: Denise Owens; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Randolph, J., Concurs in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Marcus Dent v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,155; Ruling Date: 05/13/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of armed robbery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. Holmes County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

United Credit Corporation and United Credit Corporation of Magee v. Frances Hubbard; Simpson Circuit Court; LC Case #: 2003-003; Ruling Date: 12/04/2003; Ruling Judge: Robert Evans; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz, Graves and Randolph, JJ., not participating.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition of the Mississippi Commission on Continuing Legal Education to amend Regulations 3.3, 3.6, 4.7, 4.9 and 4.10 of the Rules and Regulations for Mandatory Continuing Education is granted. Regulations 3.3, 3.6, 4.7, 4.9 and 4.10 of the Rules and Regulations for Mandatory Continuing Education shall be amended and new Regulation 3.12.1 shall be adopted as set forth in Exhibits "A" and 'B" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Petition of the Board of Bar Admissions seeking amendments to the Rules Governing Admission to The Mississippi Bar is granted. Rule III, Sections 2.A. and 3, are amended as set forth in Exhibit "A" attached to this order; the existing Rule IV, Section 7, is deleted, and Sections 8 and 9 are renumbered as set forth in Exhibit "B" attached to this order; and Rule IX, Section 4.C., is amended as set forth in Exhibit "C" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Petition for Rulemaking to Revise the Rules Relating to Law School Accreditation filed by the National Lawyers Association is denied. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: Policies and Procedures for implementing the provisions of Rule 7.5 of the Mississippi Rules of Professional Conduct filed on September 29, 2004, are approved. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 5(a) and (b) of the Mississippi Rules of Appellate Procedure and the Comment thereto are amended as set forth in Exhibit "A" attached to the order. This amendment shall be effective as to trial court orders entered from and after March 1, 2005. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Petition filed by the Mississippi Court Reporters Association seeking amendment to Appendix III to the Mississippi Rules of Appellate Procedure to increase the appeal transcript page rate from $2.00 to $2.40 per page and to reduce the number of lines in appeal transcripts from 29 to 25 per page is dismissed as moot in part and denied in part. Diaz, Easley and Graves, JJ., not participating. Order entered.

In Re: Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings; Disposition: On the Court's own motion, amendments to the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings is granted. Rule 4 of the Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings is amended and Rule 10 is deleted, all as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Diaz, Easley and Graves, JJ., not participating. Order entered.

James B. Millsap a/k/a James Bryan Milsap v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 1654; Ruling Date: 02/23/1999; Ruling Judge: Billy Landrum; Disposition: Motion for Writ of Certiorari or in the Alternative a Writ of Mandamus filed by Holifield Bonding Company is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

James B. Millsap a/k/a James Bryan Milsap v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 1654; Ruling Date: 02/23/1999; Ruling Judge: Billy Landrum; Disposition: Motion for Writ of Certiorari or in the Alternative a Writ of Mandamus filed by Holifield Bonding Company is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Annye C. Anderson, as Personal Representative and Legatee of the Estate of Carrie H. Thompson, Deceased; and Robert M. Harris, Legatee of the Estate of Carrie H. Thompson, Deceased. v. Stephen C. LaVere; Delta Haze Corporation, a Nevada Corporation; and Sony Music Entertainment, Inc., a Delaware Corporation; Leflore Circuit Court; LC Case #: 20-0136; Ruling Date: 12/07/2001; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by appellants is granted. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Smith, C.J., and Easley, J., would deny. Diaz and Graves, JJ., not participating.

Annye C. Anderson, as Personal Representative and Legatee of the Estate of Carrie H. Thompson, Deceased; and Robert M. Harris, Legatee of the Estate of Carrie H. Thompson, Deceased. v. Stephen C. LaVere; Delta Haze Corporation, a Nevada Corporation; and Sony Music Entertainment, Inc., a Delaware Corporation; Leflore Circuit Court; LC Case #: 20-0136; Ruling Date: 12/07/2001; Ruling Judge: W. Hines; Majority Opinion: Cobb, P.J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Smith, C.J., and Easley, J., Dissent Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Shelia Dupree, Individually, and as Conservator of the Person and Estate of Annie Sanders v. Plantation Pointe, L.P. d/b/a The Windsor Place; Lauderdale Circuit Court; LC Case #: 01-CV-00007(R); Ruling Date: 02/12/2002; Ruling Judge: Larry Roberts; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part; and the Judgment of the Lauderdale County Circuit Court is Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Greg Mark Shorter v. State of Mississippi; Warren Circuit Court; LC Case #: 0010014-CR-P; Ruling Date: 03/28/2002; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by Greg Mark Shorter is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Joshua Kevin Brink v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,059(2); Ruling Date: 02/14/2002; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for Joshua Kevin Brink is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Pass Termite and Pest Control, Inc. v. Joe P. Walker, Jr. and Carolyn Faye Walker; Lafayette Circuit Court; LC Case #: L01-041; Ruling Date: 12/04/2001; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Graves and Randolph, JJ., Concur in Result Only. Diaz, J., not participating.

Mississippi Department of Marine Resources v. Sydney Brown and Stephanna Brown; Jackson Chancery Court; LC Case #: 2000-2337(GB); Ruling Date: 06/11/2002; Ruling Judge: Glenn Barlow; Disposition: Appellees' Petition for Writ of Certiorari to the Court of Appeals is granted. To Grant: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ. To Deny: Cobb, P.J., Easley, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Jeffrey Leon Enlow v. State of Mississippi; Monroe Circuit Court; LC Case #: CR01-150; Ruling Date: 02/25/2003; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed by Jeffrey Enlow is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Deborah Marie Champluvier v. Sidney F. Beck, Jr.; DeSoto Circuit Court; LC Case #: CV 2003-0062 RD; Ruling Date: 05/09/2003; Ruling Judge: George Ready; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Carlson, JJ., not participating.

Betty Andrus, Keith Barrett, Debera Bridges, Gary Coleman and Phillip Price v. Charlie C. Ellis, Sammy Hancock, Azzie Mae Starr and Wanda N. Woods; Jones Circuit Court 2nd District; LC Case #: 2002-119-CV3; Ruling Date: 08/18/2003; Ruling Judge: Billy Landrum; Disposition: Motion to Vacate Opinion filed by the appellees is denied. Easley, J., would grant. Diaz, J., not participating. Order entered.

Wanda B. Montgomery v. Tammy L. Woolbright; Lowndes Circuit Court; LC Case #: 99-088-CV1; Ruling Date: 07/24/2003; Ruling Judge: William Lamb; Disposition: Motion to Strike filed by counsel for Tammy L. Woolbright is denied in part and granted in part. Complaint-Jury Trial Demanded is denied; Affidavit of Carol Eidson is denied; Affidavit of Carla Crocker Danko is granted; and Affidavit of Carolyn Ward is granted. Diaz, J., not participating. Order entered.

Edward Kirk Smith v. Richard Hollins; Wilkinson Circuit Court; LC Case #: 03-0129; Ruling Date: 10/27/2003; Ruling Judge: Denise Owens; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellee taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Specially Concurs Without Separate Written Opinion. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

In Re: North Safety Products, Inc. f/k/a Siebe North Inc.; Jones Circuit Court 2nd District; LC Case #: 2003-217-CV11; Ruling Judge: Billy Landrum; Disposition: Motion for Reconsideration En Banc filed by the respondents is denied. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order entered.

The Mississippi Bar v. Leland H. Jones, III; Disposition: Leland H. Jones, III, is hereby disbarred from the practice of law within the State of Mississippi, and this order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. The Clerk of the Supreme Court shall immediately forward attested copies of the order to: the Clerks of the Chancery and Circuit Courts of Leflore County; the Clerks of the United States District Courts for the Northen and Southern Districts of Mississippi; the Clerk of the United States Court of Appeals for the Fifth Circuit; and the Clerk of the Supreme Court of the United States. Diaz, J., not participating. Order of Disbarment entered.

The Mississippi Bar v. Leland H. Jones, III; Majority Opinion: Cobb, P.J. Disposition: Leland H. Jones, III, is hereby disbarred from the practice of law within the State of Mississippi, and this Order shall constitute notice of disbarment in this cause. His name shall be immediately stricken from the rolls of The Mississippi Bar. The Clerk of the Supreme Court shall immediately forward attested copies of this order to: the Clerks of the Chancery and Circuit Courts of Leflore County; the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi; the Clerk of the United States Court of Appeals for the Fifth Circuit; and the Clerk of the Supreme Court of the United States. Leland H. Jones, III taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

University of Southern Mississippi and Institutions of Higher Learning v. Eric Davis; Humphreys Circuit Court; LC Case #: 02-0224; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by respondents is denied. Easley, J., would grant. Diaz and Graves, JJ., not participating.

Waste Management, Inc. and Waste Management of Mississippi, Inc. v. Jeramy Robert Govan; Jones Circuit Court 2nd District; LC Case #: 2002-376-CV12; Ruling Date: 08/24/2004; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal by Permission and Motion to Stay filed by counsel for petitioners are denied. Cobb, P.J., would grant. Diaz and Dickinson, JJ., not participating. Order entered.

Mississippi Farm Bureau Federation, Claiborne County Farm Bureau, Rankin County Farm Bureau, Amite County Farm Bureau, Lauderdale County Farm Bureau, Rural Insurance Agency, Inc.,Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Mutual Insurance Company, Marcus Martin, Dan Martin, Michael Bridwell, Randy Hynum ,Tommy Allen, v. Brenda Roberts, Barbara Rigdon, Martha Via, Becky Kirkland and Alinda White; Claiborne Circuit Court; LC Case #: CV-99-0165; Ruling Date: 10/05/2004; Ruling Judge: Lamar Pickard; Disposition: Petition for Interlocutory Appeal and Supporting Brief filed by counsel for petitioners is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. Diaz and Easley, JJ., not participating. Order entered.

Jennifer Louise LeBlanc v. Curtiss Dean Andrews; Hinds Chancery Court 1st District; LC Case #: G2003-350-03; Ruling Date: 08/20/2004; Ruling Judge: Denise Owens; Disposition: Appellant's Emergency Motion for Stay pending appeal is denied. To Deny: Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Smith, C.J., Diaz and Easley, JJ. Order entered.