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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2004-CA-01277-COA JAMES LESLIE HENDERSON v. STACEY GORDON HENDERSON APPEALED APPELLANT DATE OF JUDGMENT: TRIAL JUDGE: COURT FROM WHICH APPEALED:

HEARINGS: J. R. WHITE, Judge. J. DANIELS, J. D'ALESSIO, C.E.D'ASIA, C.BEARD, J.T. LEWIS, J. HALL, K.R. WESTON, S.L. CRAWFORD, S.W. BATES, H. RICHARDSON, J. MacKinnon. H. R. WESTON and S.L. CRAWFORD, JJ., concur. G.E. D'ALESSIO, C.E.D'LISA, C.BEARD and H. DAWSON, J., concur. William J. Rogers, Attorney at Law, Winston-Salem, NC, for appellant. JAMES LESLIE HENDERSON, a/k/a JAMES LESLIE SHADOWS, ADMINISTRATOR COUNSEL FOR THE STATE OF MISSISSIPPI. LUTZ, J., concurring. HENDERSON. Mr. Judge, I write to express my views on a motion to rehear before this Court. I write because this Court is in the process of reconsideration the trial court's judgment that I appeal. Although I do not agree with the way in which the trial court ruled, I stand firm in my belief that the case was not properly reheard and that I stand entitled to a re-hearing. I should point out that after hearing oral argument on the rehiring motion and on several other motions brought by CLEO, my legal team and I filed a new motion to reconsider the trial court's ruling. In that new motion I agreed with the Court and the motion judge to reconsider the case. This motion was filed within one day of filing the rehiring motion and after hearing oral argument on at least one of the new issues that I and Cleo requested to be considered in our new motion. We should have been fully briefed and should have seen if it was appropriate for us to submit these additional motions. My clients should not have been held to a double standard, for I have received the benefit of the trial court's decision, and it should not be up to me and Cleo to wait more than a year for a decision on what may be the only issue that a motion judge could possibly reach.

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