Evelyn G. Dewitt and Mabel M. Dewitt v. Estelle R. Duce, Dallas W. Weaver and Mabel E. Weaver

This is an appeal from the district court’s sua sponte dismissal for lack of subject matter jurisdiction of a complaint in a diversity case. We reverse and remand for further proceedings.

Evelyn and Mabel DeWitt, citizens of Ohio, brought this claim against Estelle Duce and Dallas and Mabel Weaver, all citizens of Florida. In their complaint, which is the only relevant pleading filed in this proceeding prior to its dismissal, the DeWitts alleged that Duce and the Weavers improperly, systematically and fraudulently acted to influence one Arthur Welch to revoke a last will and testament in which…