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IN RE ESTATE OF VOLMER

No. 2003-CP-00118-COA.

869 So.2d 1076 (2004)

In the Matter of the ESTATE OF Shirley M. VOLMER. Joseph K. Volmer, Executor, Appellant, v. John A. Volmer and Eleanor J. Volmer Patterson, Appellees.

Court of Appeals of Mississippi.

April 6, 2004.

Attorney(s) appearing for the Case

Joseph K. Volmer, appellant, pro se.

George McFall, Southaven, attorney for appellee.

Before McMILLIN, C.J., IRVING and MYERS, JJ.

IRVING, J., for the Court.

¶ 1. Joseph K. Volmer appeals a judgment of the Chancery Court of DeSoto County which sanctioned him for filing a frivolous motion. In this appeal Volmer alleges that the chancellor violated and ignored Rules 12(a) and 41(a) of the Mississippi Rules of Civil Procedure.

¶ 2. We affirm in part as modified, and reverse and remand in part.

FACTS

¶ 3. In previous litigation involving a contest of the last...

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