At the time of her death on March 25, 1998, Nannie Mae Ross owned three certificates of deposit (CDs) with her son, Tony Ross, as joint tenants with right of survivorship. Rodney Foster, Mrs. Ross's grandson and Mr. Ross's nephew, filed an action on August 7, 1998, alleging that Mr. Ross had exerted undue influence on Mrs. Ross and requesting that the court require Mr. Ross to return the proceeds from the CDs to Mrs. Ross's estate. Testimony revealed that Mr. Ross had not known of the accounts. Finding a total lack of evidence to support the claim of a confidential relationship between Mrs. Ross and her son, the Chancery Court ruled that Mr. Foster had no hope of success in pursuing the action. The chancellor further found Mr. Foster and his attorney liable for attorney''s fees and expenses. Mr. Foster and his attorney appealed the award of fees and expenses.
The Mississippi Supreme Court affirms and upholds the chancellor's award of sanctions, concluding that Mr. Foster's action was groundless in fact and that the chancellor did not abuse his discretion in holding that it was brought without substantial justification.
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