Eileen Chaufournier v. Carnival Corporation, No. 10-15779 (11th Cir. 2011)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT COURT OF APPEALS U.S. ________________________ ELEVENTH CIRCUIT JULY 1, 2011 JOHN LEY CLERK No. 10-15779 Non-Argument Calendar ________________________ D.C. Docket No. 1:10-cv-21962-AJ EILEEN CHAUFOURNIER, llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellant, versus CARNIVAL CORPORATION, A Foreign Corporation, llllllllllllllllllllllllllllllllllllllll Defendant - Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (July 1, 2011) Before TJOFLAT, EDMONDSON and KRAVITCH, Circuit Judges. PER CURIAM: The district court dismissed plaintiff s claim because plaintiff failed to file this action within the one-year limitations period provided in her passenger ticket contract with the defendant. In dismissing her claim, the court rejected plaintiff s argument that the limitations period should be equitably tolled. Plaintiff appeals the dismissal, arguing that the district court failed properly to apply our decision in Booth v. Carnival Corporation, 522 F.3d 1148 (11th Cir. 2008), to the facts in this case. We disagree; the district court properly applied the law of equitable tolling to the facts at hand. Its judgement is therefore AFFIRMED. 2
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