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RAIE v. CHEMINOVA, INC.

No. 02-15832.

336 F.3d 1278 (2003)

Iris RAIE, individually and as personal representative of the estate of Scott Raie and for Michael Raie, a minor, through his parent, guardian and next friend, Jackie Raie, individually and as personal representative of the estate of Scott Raie, Lillie Pope, individually, Plaintiffs-Appellants, v. CHEMINOVA, INC., Cheminova A/S, and Auriga Industries A/S, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 8, 2003.

Attorney(s) appearing for the Case

John G. Crabtree, John G. Crabtree, P.A., Key Biscayune, FL, Spiro John Verras, Jones, Verras & Freiberg, LLC, Gladstone N. Jones, III, Smith, Jones & Fawer, L.L.P., New Orleans, LA, for Plaintiffs-Appellants.

Stacy D. Blank, Holland & Knight, G. Calvin Hayes, Tampa, FL, Christopher G. Kelly, New York City, Joseph H. Varner, III, Knopik, Krieger, Varner, Tampa, FL, for Defendants-Appellees.

Before DUBINA, BLACK and HULL, Circuit Judges.

PER CURIAM:

The personal representatives of the estate of Scott Raie appeal the district court's dismissal of their wrongful death action on statute of limitations grounds. We conclude Florida's delayed discovery rule does not apply to this wrongful death action, and Appellants are not entitled to equitable tolling under the doctrine of American Pipe & Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 ...

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