• 2 min de lectura
• 2 min de lectura
Frank Del Rio's lawsuit against Norwegian Cruise Line Holdings and four former directors has been thrown out, as a Miami judge dismissed the case with prejudice and entering final judgment for the defendants in late August.
Circuit Judge Mavel Ruiz signed the order on Sept. 8, closing the case less than four months after the former NCLH president and CEO filed suit over an alleged $8 million shortfall in his post-retirement consulting pay.
The order followed an Aug. 26 hearing on separate motions to dismiss brought by the corporate defendants, NCLH and NCL (Bahamas) Ltd., and by the individual defendants, former directors Russell Galbut, Harry Curtis, Mary Landry and Stella David.
The court stated its reasoning on the record at the August hearing rather than in the written order, incorporating those oral findings by reference. The order said the grounds for dismissal were legal defects that could not be cured by amendment and that further amendment would be futile. Asked at the hearing whether the complaint could be amended to fix the threshold defects, Del Rio's side represented that it could not.
Final judgment was entered in favor of NCLH, NCL (Bahamas) Ltd., Galbut, Curtis, Landry and David, and against Del Rio. The court retained jurisdiction only over any motions on entitlement to and the amount of attorneys' fees and taxable costs.
Dismissal with prejudice bars Del Rio from refiling the same claims in the trial court. He has 30 days to appeal to Florida's Third District Court of Appeal.
