Titan Indem. Company v. Hood, et al.


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Docket Number: 2001-CA-00869-SCT
Linked Case(s): 2001-CA-00869-SCT ; 2001-CA-00869-SCT ; 2001-CA-00869-SCT ; 2001-CA-00869-SCT

Supreme Court: Opinion Date: 05-13-2004

Additional Case Information: Judge(s) Concurring: Smith, C.J., and Waller, P.J., and Diaz, Carlson and Graves, JJ.

Trial Court: Date of Trial Judgment: 03-30-2001
Appealed from: Copiah County Circuit Court
Judge: Mike Smith
Case Number: 99-0400

Note: Motion for Clarification and/or Reconsideration filed by appellees is denied. Although Justice Michael K. Randolph was not a member of the Court at the time the motion was filed, he has elected in the exercise of judicial discretion not to participate in the decision of the case and hereby recuses. Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Presiding Justice Kay B. Cobb. Six justices of the Court have recused or are otherwise not participating in this case, leaving only three participating. There are now insufficient justices available to form a quorum of the Court for consideration and decision of the merits of the case. On the Court's own motion, the attorneys in this matter shall be notified by the Clerk of the Court of the absence of a sufficient number of Justices and given ten days from the entry of this order to file with this Court an agreed list of two names of members of the bar to serve as special justices to consider and determine all issues in this case. If at the end of that time no such agreed list has been filed with the Court, the Governor shall be immediately notified by this Court's Administrator under the provisions of Article 6, Section 165 of the Mississippi Constitution of 1890 of the need to commission two others as special justices. Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Chuck Easley. Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice George C. Carlson, Jr., has elected in the exercise of judicial discretion not to participate in the decision of this case and hereby recuses. Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice James E. Graves, Jr., informed the Court prior to the filing of this motion and prior to the filing of the previous motion that he would not participate in this case. Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Jess H. Dickinson.

  Party Name: Attorney Name:  
Appellant: Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company








 

Appellee: Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.  


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