Order Dismissing Claims Reversed by Court of Appeals
December 20, 2005
WEST PALM BEACH, Fla. -- A Court of Appeals has reversed the dismissal of claims against Union Carbide, ruling that the asbestos defendant failed to timely file a forum motion to dismiss. Phillips v. American Optical Corp., et al., No. 4D04-3493 (Fla. Ct. App., 4th Dist.).
The Florida Court of Appeals for the Fourth District reversed the dismissal of claims on Nov. 23.
On July 16, 2003, Jack Phillips filed a lawsuit against 53 defendants, alleging exposure to asbestos. According to the Court of Appeals opinion, defendant Union Carbide was served with a copy of the lawsuit on Dec. 4 …