Fla. Court Reverses Dismissal of Complaint, Says Motion was Untimely

MIAMI -- A Florida appellate court has reversed the dismissal of an asbestos action, ruling that the forum-based dismissal was improper because the defendant's motion was untimely. Caraffa, et al. v. Carnival Corp., No. 3D09-1998 (Fla. 3rd Dist. Ct. App.).

In the April 21 opinion, the Florida Third District Court of Appeal noted that once a plaintiff filed an amended complaint, a defendant is required to plead all defenses it plans to assert.

Giovanna Settimi Caraffa filed the underlying action on behalf of her husband, Benedetto Caraffa, whose death she claims was caused by asbestos exposure. Caraffa was allegedly …