DIAZ v. ASHWORTH

No. 3D06-2150.

963 So.2d 731 (2007)

Francisco Gerardo DIAZ, Appellant, v. Frank E. ASHWORTH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 2007.


Attorney(s) appearing for the Case

Arthur J. Morburger and Peter A. Cohen; Osvaldo N. Soto, Miami, for appellant.

Arnaldo Velez, Coral Gables, for appellee.

Before COPE, C.J., and FLETCHER and LAGOA, JJ.


PER CURIAM.

Francisco Gerardo Diaz appeals from a final judgment dismissing his complaint in this will contest. Diaz challenged the probate of the will of Jorge Mesa dated July 10, 2003 which named Frank Ashworth as his sole beneficiary. Diaz argued that at the time of execution Mesa lacked testamentary capacity and was under Ashworth's undue influence. A bench trial on the claims revealed the following facts.

Mesa, and his partner, Silvio Segarra, lived in...

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