12/14/2006 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 46(b)(6) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this Court and a true certified copy shall be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Agree: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves and Dickinson, JJ. Disagree: Cobb, P.J., and Randolph, J. Order entered.

Ginger M. McSwain (Hartfield) v. Charles C. McSwain; Lamar Chancery Court; LC Case #: 2000-0231-Th; Ruling Date: 09/16/2003; Ruling Judge: James Thomas, Jr.; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Chancery Court of Lamar County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion.

Julianna Lamar v. Thomas Fowler Trucking, Inc.; Panola Circuit Court 1st District; LC Case #: CV 2000-51BP1; Ruling Date: 12/19/2003; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for Julianna Lamar is granted. To Grant: All Justices. Order entered.

Willie Adams a/k/a Scrap Iron v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2004-03KR; Ruling Date: 06/30/2004; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by counsel for Willie Adams is dismissed as untimely filed. To Dismiss: All Justices. Order entered.

Huey Stockstill and Gayle B. Stockstill v. Lynn Crosby Gammill, Stewart Gammill, III, Stewart Gammill, IV, Lucius Olsen Crosby Gammill and Jennifer Lynn Gammill McKay; Pearl River Chancery Court; LC Case #: 99-0365GN-TH; Ruling Date: 01/07/2004; Ruling Judge: Johnny Williams; Disposition: Appellee's Motion to Award Statutory Appeal Damages is granted. The statutory penalty of fifteen percent of the judgment is hereby assessed against the appellants. Graves, J., not participating. Order entered.

Mississippi State Board of Funeral Services v. Kenny G. Coleman, Jr.; Lafayette Circuit Court; LC Case #: L04-141; Ruling Date: 10/21/2004; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by counsel for Kenny G. Coleman, Jr., is denied. To Deny: All Justices. Order entered.

Mill Creek Properties, Inc. and By-Pass Properties, LLC f/k/a PS-BS, LLC v. City of Columbia, Mississippi; Marion Circuit Court; LC Case #: E2004-0092; Ruling Date: 10/22/2004; Ruling Judge: Michael Eubanks; Disposition: Petition for writ of certiorari filed by Mill Creek Properties, Inc., and By-Pass Properties, LLC f/k/a Ps-Bs, LLC is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Graves, J. Order entered.

Dwight Brown a/k/a Dwight Douglas Brown v. State of Mississippi; Humphreys Circuit Court; LC Case #: 5330; Ruling Date: 02/04/2005; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed pro se by Dwight Brown is denied. To Deny: All Justices. Order entered.

Quintez Wren Hodges v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0526-CR1; Ruling Date: 09/13/2001; Ruling Judge: John Montgomery; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for appellant is denied. See Opinion of this Court handed down this date. Diaz, Easley and Dickinson, JJ., not participating.

Quintez Wren Hodges v. State of Mississippi; Lowndes Circuit Court; LC Case #: 1999-0526-CR1; Ruling Date: 09/13/2001; Ruling Judge: John Montgomery; Majority Opinion: Smith, C.J. Disposition: Petition for Post Conviction Relief, Denied. Lowndes County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, Easley and Dickinson, JJ., not participating.

Prentiss County, Mississippi v. Tisha Lee Arlene Nunley; Prentiss Circuit Court; LC Case #: CV04-037A; Ruling Date: 06/01/2005; Ruling Judge: Sharion Aycock; Disposition: On the Court's own motion, the petition for interlocutory appeal is dismissed as improvidently granted. This appeal is dismissed and all costs are assessed to the appellant. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Not Dismiss: Easley, J. Diaz, J., for the Court. Order entered.

David W. Myers v. City of McComb; Pike Circuit Court; LC Case #: 2002-124-B; Ruling Date: 05/13/2005; Ruling Judge: Mike Smith; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Ralph Garrison v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK05-087; Ruling Date: 07/29/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Lafayette County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents with Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Diaz, J., and in Part by Dickinson, J. Dissenting Opinion: Easley, J. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, J., Joins This Opinion. Dickinson, J., Joins This Opinion in Part.

Eugene Fouche', et al. v. Alvin Fouche', et al.; Yazoo Chancery Court; LC Case #: 2002-0266; Ruling Judge: Janace Goree; Disposition: Motion to Reconsider Motion to Withdraw filed by Sarah O'Reilly-Evans, counsel for appellants, is granted. Order entered.