Evelyn G. Dewitt and Mabel M. Dewitt v. Estelle R. Duce

Plaintiffs brought a diversity jurisdiction suit for tortious interference with an inheritance. The district court dismissed the complaint for lack of subject matter jurisdiction because the case dealt with state probate matters. We reversed and remanded. DeWitt v. Duce, 599 F.2d 676 (5th Cir. 1979). On remand, the district court held that plaintiffs were precluded by Florida law from proving a necessary element of their case and dismissed the cause. On appeal, we certified the controlling legal question to the Supreme Court of Florida. DeWitt v. Duce, 642 F.2d 159 (5th Cir. 1981).

Does…