Diaz v. Ashworth

963 So. 2d 731 (2007)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Diaz v. Ashworth

Florida District Court of Appeal
963 So. 2d 731 (2007)

  • Written by Liz Nakamura, JD

Facts

Jorge Mesa, decedent, had no relatives, and his first will left his entire estate to his father’s sister-in-law. Mesa suffered from AIDS, and Francisco Gerardo Diaz (plaintiff), a Catholic priest from whom Mesa had sought spiritual guidance, regularly visited Mesa, paid for some of his expenses, and drove him to doctor’s appointments. Mesa executed a second will leaving his entire estate to Diaz. After Mesa’s relationship with Diaz cooled, Mesa’s neighbors, Anibel and Frank Ashworth (defendants), assisted Mesa with chores and getting to his doctor’s appointments. When Mesa’s health deteriorated, the Ashworths took him to the hospital. The hospital described Mesa as alert and oriented. While hospitalized, Mesa told Anibel he wanted to make a new will, and Frank arranged for his own attorney, Pilafian, to draft the will. Mesa spoke with Pilafian over the phone about his wishes. Mesa checked himself out of the hospital the next day, and the Ashworths brought Mesa to see his regular physician, Dr. Steinhart, who testified that Mesa was aware of his impending death and was competent to make the decision to enter home hospice care. The Ashworths then drove Mesa to Pilafian’s office to execute the will. The Ashworths were present for the will execution, and Anibel and Pilafian’s secretary acted as witnesses. The will was read to Mesa prior to execution and named Frank as Mesa’s sole beneficiary. The secretary testified Mesa was of sound mind. Mesa died shortly thereafter. Diaz challenged, arguing the will was the product of the Ashworths’ undue influence and that Mesa lacked testamentary capacity. The trial court rejected Diaz’s challenge, and Diaz appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 825,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 825,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 990 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 825,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 990 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership