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FIHE v. REXALL SUNDOWN, INC.

Nos. 4D06-100, 4D06-154.

966 So.2d 415 (2007)

Gerri Lynn FIHE, individually, as Personal Representative of the Estate of John Fihe, and as parent and next friend of Erin Elizabeth Fihe and John Christopher Fihe, minor children, Julie Louise Jamieson and Brian Scott Jamieson, Appellants, v. REXALL SUNDOWN, INC., a Florida corporation, d/b/a Richardson Labs, Inc., RS Oldco, Inc., NBTY, Inc., Nutrition USA, Inc., Meijer, Meijer Companies, Ltd., and Meijer Distribution, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 7, 2007.

Attorney(s) appearing for the Case

Thomas F. Gonzalez of Beggs & Lane, Pensacola, for Appellants-Julie Louise Jamieson and Brian Scott Jamieson, and Douglass A. Kreis of Aylstock, Witkin & Sasser, PLC, Pensacola, for Appellant-Gerri Lynn Fihe.

Steven J. Rothman of Jones Foster Johnston & Stubbs, P.A., West Palm Beach, and Ulmer & Berne LLP, Cincinnati, OH, for appellees.

TAYLOR, J.

In these consolidated appeals, the Fihe and Jamieson plaintiffs challenge trial court orders which dismissed their wrongful death and personal injury actions on grounds of forum non conveniens. We reverse dismissal of the Fihe case because the defendants' motion to dismiss, brought outside the sixty-day limitation in Rule 1.061(g), was untimely as to that case. We affirm dismissal of the Jamieson case because...

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