DeWITT v. DUCE

No. 78-3157 Summary Calendar.

599 F.2d 676 (1979)

Evelyn G. DeWITT and Mabel M. DeWitt, Plaintiffs-Appellants, v. Estelle R. DUCE, Dallas W. Weaver and Mabel E. Weaver, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 27, 1979.


Attorney(s) appearing for the Case

John R. Vintilla, Cleveland, Ohio, for plaintiffs-appellants.

Charles H. Warwick, III, Palm Beach, Fla., for defendants-appellees.

Before GOLDBERG, TJOFLAT and KRAVITCH, Circuit Judges.


PER CURIAM:

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...

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