NANCY CLARK INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF SHENANDOAH CLARK DECEASED AND CHRISTIE CLARK TOYOTA MOTOR SALES INC TOYOTA MOTOR CO LTD TOYOTA MOTOR CORPORATION TOYOTA MOTOR DISTRIBUTORS INC AND ROPER TOYOTA INC v.

ORDER

This matter is before the Court en banc on the Court's own motion.   The Petition for Writ of Certiorari filed by counsel for Appellants was granted by order of this Court entered on September 6, 2012.   Upon further consideration, the Court finds that there is no need for further review, and that the Petition for Writ of Certiorari should be dismissed.

IT IS THEREFORE ORDERED, pursuant to Rule 17(f) of the Mississippi Rules of Appellate Procedure, that the Petition for Writ of Certiorari filed by counsel for Appellants is dismissed.

SO ORDERED, this the 28 th day of February, 2013.

/s/ Michael K. Randolph

MICHAEL K. RANDOLPH,

PRESIDING JUSTICE

FOR THE COURT

AGREE:  DICKINSON AND RANDOLPH, P.JJ., LAMAR, PIERCE, KING AND COLEMAN, JJ.

CHANDLER, J., OBJECTS TO THE ORDER WITH SEPARATE WRITTEN STATEMENT JOINED BY KITCHENS, J.

WALLER, C.J., NOT PARTICIPATING.

IN THE SUPREME COURT OF MISSISSIPPI

NO.2009–CT–00554–SCT

NANCY CLARK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF SHENANDOAH H. CLARK, DECEASED AND CHRISTIE CLARK

v. 

TOYOTA MOTOR SALES U.S.A., INC., TOYOTA MOTOR CO. LTD., TOYOTA MOTOR CORPORATION, TOYOTA MOTOR DISTRIBUTORS, INC. AND ROPER TOYOTA, INC.

CHANDLER, JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:

¶ 1. I would not dismiss the Petition for Writ of Certiorari.   I believe the law is clear that the trial judge must be present at all times during the trial that the jury is receiving evidence.   Because that was not done in this case, I would reverse and remand for a new trial.

KITCHENS, J., JOINS THIS SEPARATE WRITTEN STATEMENT.