Paula B. Hicks v. Mark S. Bowling

MAXWELL, J.,

for the Court:

¶ 1. When a case is tried without a jury, the judge may dismiss a plaintiffs claim if the evidence, viewed fairly, did not obligate the judge to find for the plaintiff. Here, Paula Hicks tried her will contest without a jury. And when she finished presenting her evidence, the chancellor dismissed her claim that her brother unduly influenced their father’s will.

¶ 2. After review of this dismissal, we find the chancellor was right that evidence of a confidential relationship between Paula’s brother and father was not enough by itself to raise a presumption of undue…