In a personal injury action in Florida state court, Gass Weber Mullins attorneys Ric Gass, Tamar Kelber, and Stephen Trigg recently defeated the plaintiff’s arguments for equitable estoppel and equitable tolling of the statute of limitations, obtaining a dismissal of the action. The case arose out of a New Jersey resident’s accident at the Emerald Grande Resort in Florida, when he dove into a pool in the middle of the night, causing severe, permanent personal injuries. He brought suit in New Jersey state court against the Emerald Grande and several other defendants. The Emerald Grande sought dismissal of the New Jersey action for lack of personal jurisdiction over the Florida defendants. The court eventually agreed and dismissed the New Jersey action. Plaintiff then tried to bring suit in Florida for the same injuries. The Emerald Grande moved to dismiss the claims because the statute of limitations in Florida had run while the case was pending in New Jersey and before plaintiff filed suit in Florida. Plaintiff alleged that the defendants should be equitably estopped from arguing for dismissal and that the New Jersey action tolled the statute of limitations. The court disagreed, accepting the Emerald Grande’s arguments, and dismissed the case.