Asbestos v. Borden, Inc.

Granted. We make no determination as to the propriety of any cumulation of actions which may or may not have occurred. However, under the circumstances, and in consideration of the judicial inefficiency created by requiring some number of these actions to be dismissed, then refiled and the fact that the plaintiffs petition had been pending for over seven months before the judge’s ruling on the defendant’s exception of improper cumulation, the trial judge misused his discretion when he chose to require the plaintiffs to amend their petition and dismiss all actions they could not pursue…