12/11/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2007-KA-01994-SCT

Michael Benard Miller v. State of Mississippi; Scott Circuit Court; LC Case #: 07-CR-080-SC-G; Ruling Date: 10/11/2007; Ruling Judge: Marcus Gordon; Majority Opinion: Randolph, J. Disposition: Conviction of aggravated assault and sentence of twelve (12) years in the custody of the Mississippi Department of Corrections, Affirmed. Scott County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur.

Danny Holland v. The Peoples Bank & Trust Company; Panola Circuit Court 2nd District; LC Case #: CV98-177BP2; Ruling Date: 10/09/2007; Ruling Judge: L. Lee; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., not participating.

Issaquena Warren Counties Land Co., LLC, Gary K. Blakeney, Kenneth D. Blakeney, Earnest K. Blakeney, Rose C. Blakeney, Robert D. Ainsworth, Pam Haley, Keith Hawsey, Tommy L. Thrash, Josh L. Thrash, Mike Sutton, Michael R. McTurner, Donna M. McTurner, Ervin Ray, Fay Ray, Gary Ray, Hugh J. Parker, Cynthia B. Parker, Joey Haven and Marty Elrod v. Warren County, Mississippi; Warren Chancery Court; LC Case #: 2007-210GN; Ruling Date: 10/25/2007; Ruling Judge: Vicki Barnes; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, P.J., not participating.

Michael Henry Hearn v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 350-05; Ruling Date: 08/08/2007; Ruling Judge: David Ishee; Majority Opinion: Waller, P.J. Disposition: Count I and Count II: Convictions of Intimidation of a Judge and Sentences of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Said sentences shall not be reduced or suspended and appellant shall not be eligible for probation, parole, earned time or good time credit and shall not have his sentences reduced in any manner under MCA 99-19-83. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., not participating.

Betty Thomas v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-625-CIV-BD; Ruling Date: 10/21/2005; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant. Waller, P.J., not participating.

Jane M. Wilbourn, As Trustee of the James G. Wilbourn Irrevocable Trust v. The Equitable Life Assurance Society of the United States and William J. Byrd; Quitman Circuit Court; LC Case #: 2004-0043; Ruling Date: 11/03/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Easley, J., Concurs in Result Only. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

John Allen Berry v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2005-686-CD; Ruling Date: 01/30/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Easley, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the DeSoto County Circuit Court is Reinstated and Affirmed. Conviction of Conspiracy to Possess Precursors and Sentence of Two (2) Years with Three (3) Years of Post-release Supervision, Affirmed. DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Lamar, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Hinds County School District Board of Trustees v. R.B., a Minor by and through His Next Friend, D.L.B.; Hinds Chancery Court 1st District; LC Case #: G2004-563-W/4; Ruling Date: 01/30/2006; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, J. Disposition: The Judgments of the Court of Appeals and The Chancery Court for the First Judicial District of Hinds County are Reversed and the Hinds County School District Board of Trustees' Expulsion of R.B. is Reinstated. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Randolph and Lamar, JJ., Concur. Dickinson, J., Concurs in Part. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J., and Easley, J.; Dickinson, J. Joins In Part. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion. Dickinson, J., Joins This Opinion in Part.

Perry L. Mask v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR04-261; Ruling Date: 12/14/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Perry L. Mask, pro se, is denied. To Deny: All Justices. Order entered.

Norman Q. Thomas, Jr., Individually and on behalf of William Thomas and Anna Thomas, Two Minors v. Clark G. Warden, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-05-1026CIV; Ruling Date: 08/28/2006; Ruling Judge: W. Yerger; Consolidated with 2007-CA-00821-SCT Norman Q. Thomas, Jr., Individually and on behalf of William Thomas and Anna Thomas, Two Minors v. Mississippi Baptist Medical Center and Clark G. Warden, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-05-1026CIV; Ruling Date: 03/09/2007; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J., and Easley, J. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion.

Kisha Woods v. State of Mississippi; Yazoo Circuit Court; LC Case #: 25-9964; Ruling Date: 08/24/2006; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ. To Grant: Smith, C.J., Graves and Dickinson, JJ. Order entered.

Charles N. James v. Rachel M. Carawan; Hancock Circuit Court; LC Case #: 01-0373; Ruling Date: 08/16/2006; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., and Easley, J., would grant. Order entered.

Delta Health Group, Inc., Scott J. Bell, Sharon Sauerwein, Nora Segues and Shelby Nursing, Rehabilitation Center f/k/a Chateau Manor Nursing Center and Pensacola Health Trust v. The Estate of Ellen Pope, By and Through James Payne, Individually and as the Personal Representative, for the Use and Benefit of the Estate of Ellen Pope, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Ellen Pope; Bolivar Circuit Court 2nd District; LC Case #: 2004-0094; Ruling Date: 11/30/2006; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellee is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

Charles Douglas Owens, II v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-06-00017; Ruling Date: 12/29/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Writ of Certiorari filed by counsel for Charles Douglas Owens and the Supplemental Petition for Writ of Certiorari filed by Charles Douglas Owens, pro se, are denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Jamie Christie a/k/a Jamie Christie, Jr. v. State of Mississippi; Marion Circuit Court; LC Case #: 2006-0297P(PC); Ruling Date: 01/04/2007; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Jamie Christie is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ. To Grant: Easley and Dickinson, JJ. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 12/12/2006; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed. Grenada County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Randolph, JJ., Concur. Diaz, P.J., Dissents with Separate Written Opinion Joined by Graves, J.; Dickinson, J., Joins in Part. Waller, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, J.; Diaz, P.J., and Graves, J. Join In Part. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion. Dickinson, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Waller, P.J. Votes: Dickinson, J., Joins This Opinion. Diaz, P.J. and Graves, J., Join This Opinion in Part.

Michael L. Bridge v. Mayor and Board of Aldermen of the City of Oxford, Mississippi, Lucy Lynn Robinson, Mary Sue Robinson and Ralph Coleman; Lafayette Circuit Court; LC Case #: L05-428; Ruling Date: 03/19/2007; Ruling Judge: Robert Elliott; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., and Dickinson, J., would grant. Lamar, J., not participating.

Charles E. Bunton, III and Housing Authority of the City of Vicksburg v. Darrell King and Mary King; Warren Circuit Court; LC Case #: 05,0271-CI; Ruling Date: 04/05/2007; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by appellees is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

Richard Hager v. State of Mississippi; Pearl River Circuit Court; LC Case #: K2006-035P; Ruling Date: 04/18/2007; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Richard Hager is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Graves, J. Order entered.

University of Mississippi Medical Center v. Latisha McGee, Individually and on Behalf of the Heirs of Laura Williams; Hinds Circuit Court 1st District; LC Case #: 251-06-222CIV; Ruling Date: 05/24/2007; Ruling Judge: Tomie Green; Majority Opinion: Smith, C.J. Disposition: Affirmed in Part and Remanded; Reversed in Part and Rendered. Appellant and appellee taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Montrell Jordan v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,606; Ruling Date: 02/16/2007; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant. Waller, P. J., not participating.

Monty Fletcher v. Limeco Corporation; Lee Circuit Court; LC Case #: CV03-236(A)L; Ruling Date: 05/02/2007; Ruling Judge: Sharion Aycock; Consolidated with 2007-CA-01262-SCT T-Rex 2000, Inc. v. Brett Kidd and Jamie Kidd; Lee Circuit Court; LC Case #: CV03-234(PF)L; Ruling Date: 04/27/2007; Ruling Judge: Paul Funderburk; Consolidated with 2007-CA-01249-SCT R. W. Whitaker v. Limeco Corporation and William Kidd; Lee Circuit Court; LC Case #: CV03-235(A)L; Ruling Date: 05/02/2007; Ruling Judge: Sharion Aycock; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J., and Easley, J. Lamar, J., not participating. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion.

J.C.N.F. v. Stone County Department of Human Services; Stone Chancery Court; LC Case #: 2006-0210-3; Ruling Date: 02/05/2007; Ruling Judge: Sanford Steckler; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Easley, J. Smith, C.J., not participating. Dissenting Opinion: Dickinson, J. Votes: Easley, J., Joins This Opinion.

Dorothy Jeannine Jones v. Lloyd Casey Jones; Jackson Chancery Court; LC Case #: 98-0604-RP; Ruling Date: 06/06/2007; Ruling Judge: Randy Pierce; Disposition: Motion for rehearing filed by appellant is denied. Easley and Randolph, JJ., would grant. Diaz, P.J., not participating.

Michael Henry Hearn v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 350-05; Ruling Date: 08/08/2007; Ruling Judge: David Ishee; Disposition: Appellant's Motion for Judicial Review is denied. Diaz, P.J., not participating. Order entered.

Ricky Smith v. Jackson State University, JSU, Department of Finance & Administration and Secretary of State; Hinds Chancery Court 1st District; LC Case #: G2006-2090 R/1; Ruling Date: 08/08/2007; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by Ricky Smith, pro se, is denied. Easley, J., would grant. Graves, J., not participating.

Ricky Smith v. Jackson State University, JSU, Department of Finance & Administration and Secretary of State; Hinds Chancery Court 1st District; LC Case #: G2006-2090 R/1; Ruling Date: 08/08/2007; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by the Secretary of State is denied. Easley, J., would grant. Graves, J., not participating.

Ruby Lee v. Memorial Hospital at Gulfport; Harrison Circuit Court 1st District; LC Case #: A2401-2006-394; Ruling Date: 09/17/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves and Randolph, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Carlson, J. Dissenting Opinion: Dickinson, J. Votes: Carlson, J., Joins This Opinion.

Decarlos Antonio Moore v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-06-466; Ruling Date: 09/19/2007; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Randolph, J. Disposition: Count l: Conviction of kidnapping and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections, Affirmed. Count ll: Conviction of aggravated assault and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections, Affirmed. Count lll: Conviction of sexual battery and sentence of life imprisonment without parole in the custody of the Mississippi Department of Corrections, Affirmed. The sentences in Count l, Count ll and Count lll shall be served consecutively. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., not participating.

Raymond L. Wong v. The Mississippi Bar; LC Case #: 2007-B-1259; Ruling Date: 12/03/2007; Disposition: Petition of Raymond L. Wong for Reinstatement to the Practice of Law in the State of Mississippi is conditionally granted. See opinion of this Court handed down this date.

Raymond L. Wong v. The Mississippi Bar; LC Case #: 2007-B-1259; Ruling Date: 12/03/2007; Majority Opinion: Graves, J. Disposition: Petition of Raymond L. Wong for Reinstatement to the Practice of Law in the State of Mississippi is Conditionally Granted Raymond L. Wong taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Garlock Sealing Technologies, LLC, Successor by Merger to Garlock, Inc., Trane US Inc., Formerly Known as American Standard, Inc., FMC Corporation, Keystone International, Inc. and Keystone Valve U.S.A., Inc. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-09-26CIV; Ruling Date: 09/02/2008; Ruling Judge: Winston Kidd; Disposition: Motion to Consolidate filed by Garlock Sealing Technologies, LLC and the Motion to Consolidate Docketed Petitions for Interlocutory Appeal under one Supreme Court Number filed by Gardner-Denver, Inc., are granted. This Court's docket number 2008-M-01572, Garlock Sealing Technologies, LLC, et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, this Court's docket number 2008-M-01584, Trane US Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, and this Court's docket number 2008-M-01599, Gardner-Denver, Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, are hereby consolidated for purposes of appeal. Randolph, J., not participating. Order entered.

Garlock Sealing Technologies, LLC, Successor by Merger to Garlock, Inc., Trane US Inc., Formerly Known as American Standard, Inc., FMC Corporation, Keystone International, Inc. and Keystone Valve U.S.A., Inc. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-09-26CIV; Ruling Date: 09/02/2008; Ruling Judge: Winston Kidd; Disposition: Garlock Sealing Technologies, LLC's Petition for Permission to Appeal is granted. The notice of appeal shall have been 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Trane US Inc.'s motion to join the petition is granted. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A., Inc.'s motions to join the petition are dismissed as untimely. Randolph, J., not participating. Order entered.

Garlock Sealing Technologies, LLC, Successor by Merger to Garlock, Inc., Trane US Inc., Formerly Known as American Standard, Inc., FMC Corporation, Keystone International, Inc. and Keystone Valve U.S.A., Inc. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-09-26CIV; Ruling Date: 09/02/2008; Ruling Judge: Winston Kidd; Disposition: Garlock Sealing Technologies, LLC's Petition for Permission to Appeal is granted. The notice of appeal shall have been 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Trane US Inc.'s motion to join the petition is granted. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A., Inc.'s motions to join the petition are dismissed as untimely. Randolph, J., not participating. Order entered.

Trane US, Inc. Formerly Known as American Standard, Inc., Flowserve US, Inc., as Successor to Rockwell Manufacturing Co., Emerson Electric Co., FMC Corporation, Keystone International, Inc. and Keystone Valve U.A.A., Inc. v. Mary Pittman as the Executrix of the Estate of Lonnie Pittman; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Motion to Consolidate filed by Garlock Sealing Technologies, LLC and the Motion to Consolidate Docketed Petitions for Interlocutory Appeal under one Supreme Court Number filed by Gardner-Denver, Inc., are granted. This Court's docket number 2008-M-01572, Garlock Sealing Technologies, LLC, et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, this Court's docket number 2008-M-01584, Trane US Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, and this Court's docket number 2008-M-01599, Gardner-Denver, Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, are hereby consolidated for purposes of appeal. Randolph, J., not participating. Order entered.

Trane US, Inc. Formerly Known as American Standard, Inc., Flowserve US, Inc., as Successor to Rockwell Manufacturing Co., Emerson Electric Co., FMC Corporation, Keystone International, Inc. and Keystone Valve U.A.A., Inc. v. Mary Pittman as the Executrix of the Estate of Lonnie Pittman; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Petition of Trane US Inc., formerly known as American Standard Inc., for Permission to Appeal Interlocutory Order 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Flowserve US, Inc.'s and Emerson Electric Co.'s motions to join the petition are granted. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A., Inc.'s motions to join the petition are dismissed as untimely. Randolph, J., not participating. Order entered.

Trane US, Inc. Formerly Known as American Standard, Inc., Flowserve US, Inc., as Successor to Rockwell Manufacturing Co., Emerson Electric Co., FMC Corporation, Keystone International, Inc. and Keystone Valve U.A.A., Inc. v. Mary Pittman as the Executrix of the Estate of Lonnie Pittman; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Petition of Trane US Inc., formerly known as American Standard Inc., for Permission to Appeal Interlocutory Order 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. Flowserve US, Inc.'s and Emerson Electric Co.'s motions to join the petition are granted. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A., Inc.'s motions to join the petition are dismissed as untimely. Randolph, J., not participating. Order entered.

Gardner Denver, Inc., General Electric Company, The Gorman-Rupp Company, Erroneously Named and Served as The Gorman-Rupp Company, Individually and as Successor in Interest to C. H. Wheeler Mfg. Co., Patterson Pump Company, IPT Pumps, and Economy Pumps, Dorr-Oliver, Inc., Keeler/Dorr-Oliver, Erroneously Sued as Dorr-Oliver, Inc., Sulzer Pumps (US), Inc., Warren Pumps, Inc., Warren-Rupp, Inc., and Yuba Heat Transfer LLC., et al. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Motion to Consolidate filed by Garlock Sealing Technologies, LLC and the Motion to Consolidate Docketed Petitions for Interlocutory Appeal under one Supreme Court Number filed by Gardner-Denver, Inc., are granted. This Court's docket number 2008-M-01572, Garlock Sealing Technologies, LLC, et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, this Court's docket number 2008-M-01584, Trane US Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, and this Court's docket number 2008-M-01599, Gardner-Denver, Inc., et al. v. Mary Pittman, as Executrix of the Estate of Lonnie Pittman, Deceased, are hereby consolidated for purposes of appeal. Randolph, J., not participating. Order entered.

Gardner Denver, Inc., General Electric Company, The Gorman-Rupp Company, Erroneously Named and Served as The Gorman-Rupp Company, Individually and as Successor in Interest to C. H. Wheeler Mfg. Co., Patterson Pump Company, IPT Pumps, and Economy Pumps, Dorr-Oliver, Inc., Keeler/Dorr-Oliver, Erroneously Sued as Dorr-Oliver, Inc., Sulzer Pumps (US), Inc., Warren Pumps, Inc., Warren-Rupp, Inc., and Yuba Heat Transfer LLC., et al. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal of Defendants-Petitioners Gardner Denver, Inc., General Electric Company, and the Gorman-Rupp Company 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. All proceedings in civil action number 251-03-26CIV in the Circuit Court of the First Judicial District of Hinds County, Mississippi are hereby stayed pending this Court's decision in the interlocutory appeal. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A. Inc.'s motions to join the petition are dismissed as untimely. Respondent's Motion to Strike Gardner Denver, et al.'s Supplement and Rebuttal is granted in part and denied in part. The Supplement to Petition of Petitioners-Defendants Gardner Denver, Inc., et al. and Rebuttal to Respondent's Answer in Opposition is hereby stricken. Mary Pittman's request for an award of attorney's fees is denied. Randolph, J., not participating. Order entered.

Gardner Denver, Inc., General Electric Company, The Gorman-Rupp Company, Erroneously Named and Served as The Gorman-Rupp Company, Individually and as Successor in Interest to C. H. Wheeler Mfg. Co., Patterson Pump Company, IPT Pumps, and Economy Pumps, Dorr-Oliver, Inc., Keeler/Dorr-Oliver, Erroneously Sued as Dorr-Oliver, Inc., Sulzer Pumps (US), Inc., Warren Pumps, Inc., Warren-Rupp, Inc., and Yuba Heat Transfer LLC., et al. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal of Defendants-Petitioners Gardner Denver, Inc., General Electric Company, and the Gorman-Rupp Company 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. All proceedings in civil action number 251-03-26CIV in the Circuit Court of the First Judicial District of Hinds County, Mississippi are hereby stayed pending this Court's decision in the interlocutory appeal. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A. Inc.'s motions to join the petition are dismissed as untimely. Respondent's Motion to Strike Gardner Denver, et al.'s Supplement and Rebuttal is granted in part and denied in part. The Supplement to Petition of Petitioners-Defendants Gardner Denver, Inc., et al. and Rebuttal to Respondent's Answer in Opposition is hereby stricken. Mary Pittman's request for an award of attorney's fees is denied. Randolph, J., not participating. Order entered.

Gardner Denver, Inc., General Electric Company, The Gorman-Rupp Company, Erroneously Named and Served as The Gorman-Rupp Company, Individually and as Successor in Interest to C. H. Wheeler Mfg. Co., Patterson Pump Company, IPT Pumps, and Economy Pumps, Dorr-Oliver, Inc., Keeler/Dorr-Oliver, Erroneously Sued as Dorr-Oliver, Inc., Sulzer Pumps (US), Inc., Warren Pumps, Inc., Warren-Rupp, Inc., and Yuba Heat Transfer LLC., et al. v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal of Defendants-Petitioners Gardner Denver, Inc., General Electric Company, and the Gorman-Rupp Company 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 Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. All proceedings in civil action number 251-03-26CIV in the Circuit Court of the First Judicial District of Hinds County, Mississippi are hereby stayed pending this Court's decision in the interlocutory appeal. FMC Corporation, Keystone International, Inc., and Keystone Valve U.S.A. Inc.'s motions to join the petition are dismissed as untimely. Respondent's Motion to Strike Gardner Denver, et al.'s Supplement and Rebuttal is granted in part and denied in part. The Supplement to Petition of Petitioners-Defendants Gardner Denver, Inc., et al. and Rebuttal to Respondent's Answer in Opposition is hereby stricken. Mary Pittman's request for an award of attorney's fees is denied. Randolph, J., not participating. Order entered.