United States Eleventh Circuit

In a wrongful death action filed in state court before the lapse of a one-year contractual limitation period, denial of defendant's motion to dismiss premised on equitable tolling of a parallel federal action during the pendency of the state suit is affirmed where: 1) plaintiff filed his wrongful death claim in a state court that possessed subject matter jurisdiction concurrently with the federal courts; 2) the state suit was dismissed solely on grounds of improper venue; and 3) plaintiff's filing and diligent prosecution of his state court suit was sufficient to equitably toll his contractual limitation period.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• ANDERSON, Circuit Judge:, Before ANDERSON and BARKETT, Circuit Judges, and TRAGER, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Curtis J. Mase, Leah Harkiewicz, Mase & Lara, P.A., Beverly D. Eisenstadt, Thornton, Davis & Fein, P.A., Miami, FL, for Carnival Corp., Joel S. Perwin, Miami, FL, for Booth.