Donald Shamburger v. Union Carbide Corporation

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 DONALD SHAMBURGER, Appellant, v. UNION CARBIDE CORPORATION, Appellee. No. 4D04-2770 [ October 19, 2005 ] PER CURIAM. The trial court dismissed Appellant s action on grounds of forum non conveniens. We reverse, as the order is founded on an untimely motion. See Fox v. Union Carbide Corp., No. 4D04-2769 (Fla. 4th DCA Sept. 21, 2005). We remand for further proceedings. STONE, SHAHOOD and MAY, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Timothy P. McCarthy, Judge; L.T. Case No. 502003CA007851XXASAD. James L. Ferraro and David A. Jagolinzer of Ferraro & Associates, P.A., Miami, for appellant. Evelyn M. Fletcher and Nathan M. Thompson of Hawkins & Parnell, LLP, Atlanta, Georgia, for appellee. Not final until disposition of timely filed motion for rehearing.

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