FRANCOIS V. HARTFORD

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 HAVIS FRANCOIS, as Personal ** Representative of the Estate of JASMIN FRANCOIS, deceased, et ** al., ** Appellants, ** vs. ** HARTFORD FINANCIAL CORPORATION, a Florida corporation, et al., CASE NOS. 3D03-2984 3D03-1429 LOWER TRIBUNAL NO. 00-20393 Appellees. Opinion filed September 22, 2004. An Appeal from the Circuit Court for Miami-Dade County, Michael A. Genden, Judge. Balsamo Aviation & Trial Firm, P.A. (Ft. Lauderdale), and Richard W. Balsamo; and Ferrell, Schultz, Carter & Fertel, P.A., and H. Eugene Lindsey, and Gregory C. Harrell, for appellants. Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, and Roberto A. Torricella, Jr.; Thornton, Davis & Fein, P.A., and Kathleen M. O'Connor, and J. Thompson Thornton, for appellees. Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ. PER CURIAM. 1 We affirm the trial court=s order granting the appellees= motion to dismiss based upon lack of subject matter jurisdiction. Our affirmance is based upon this Court accepting the appellees= statement in open court that they will not raise or assert a defense of statute of limitations in the event this case is filed in the nation of Dominica. Affirmed. 2

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