Children's Med. Grp., P.A. v. Phillips


<- Return to Search Results


Docket Number: 2005-TS-00593-SCT
Linked Case(s): 2005-IA-00593-SCT ; 2005-IA-00593-SCT ; 2005-TS-00593-SCT
Supreme Court: Opinion Date: 08-18-2005
Holding: The Court finds that six justices of the Court have recused or are otherwise not participating in this case, leaving only three participating. There are insufficient justices available to form a quorum of the Court for consideration and decision of this case, and unless the attorneys engaged in this matter can agree upon two members of the bar to serve as special justices, the Governor should be advised under the provisions of Article 6, Section 165 of the Mississippi Constitution of 1890 of the need to commission two others to form a quorum and to serve in this case. Chief Justice Smith, Presiding Justices Waller and Cobb and Justices Carlson and Graves join in this order of administrative management of this case pursuant to the mandates of Article 6, Section 165 for the limited purpose of notifying counsel and the Governor of the status of this matter. On the Court's own motion, the attorneys in this matter shall be notified by the Clerk of this Court of the absence of a sufficient number of Justices and given twenty days from the entry of this Order to file with the 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.
Additional Case Information: Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., and Carlson and Graves, JJ., participating for limited administrative purposes only.
Non Participating Judge(s): Diaz, J.
Trial Court: Date of Trial Judgment: 03-08-2005
Appealed from: Hinds County Circuit Court
Judge: Winston Kidd
Case Number: 251-04-1202civ
  Party Name: Attorney Name:  
Appellant: Children's Medical Group, P. A.



 
Appellee: Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors  


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court