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CARAFFA v. CARNIVAL CORP.

No. 3D09-1998.

34 So.3d 127 (2010)

Giovanna Settimi CARAFFA, individually, and as personal representative of the Estate of Benedetto Emanuelle Caraffa, Appellant, v. CARNIVAL CORPORATION, Appellee.

District Court of Appeal of Florida, Third District.

April 21, 2010.

Attorney(s) appearing for the Case

Lipcon, Margulies & Alsina, P.A., and Michael A. Winkleman, Miami, for appellant.

Maltzman Foreman, and Jeffrey E. Maltzman and Darren W. Friedman, Miami, for appellee.

Before RAMIREZ, C.J., and COPE, and GERSTEN, JJ.

RAMIREZ, C.J.

Giovanna Settimi Caraffa appeals the dismissal of her complaint on forum non conveniens grounds. We reverse because the motion to dismiss filed by appellee Carnival Corporation was untimely pursuant to Florida Rule of Civil Procedure 1.061(g).

Factual Background

Caraffa filed the underlying action on behalf of her deceased husband, Benedetto Caraffa, on January 17, 2006. She alleged that her husband died as a result of prolonged...

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