Appeals Court Reverses Dismissal, Rules Defendant's Motion Untimely

WEST PALM BEACH, Fla. -- A Florida Court of Appeals has reversed the dismissal and remanded the claims of two non-resident plaintiffs, finding that defendant Union Carbide had untimely filed its forum non conveniens motion. Sanders, et al. v. Union Carbide, No. 4D04-2768; Fox v. Union Carbide, No. 4D04-2769 (Fla. Ct. App., 4th Dist.).

In a Sept. 21 opinion, the 4th District found that Union Carbide had violated the 60-day filing period for forum motions by filing its motion nearly five months after it had been served with the complaint.

Plaintiff Roy Fox named Union Carbide in a lawsuit in …