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R.J. REYNOLDS TOBACCO CO. v. MARTIN

No. 1D09-4934.

53 So.3d 1060 (2010)

R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Matilde C. MARTIN, as Personal Representative of the Estate of Benny R. Martin, as surviving spouse and on behalf of the estate, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 11, 2011.

Attorney(s) appearing for the Case

Charles F. Beall, Jr., and Larry Hill of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellant.

Gregory G. Katsas of Jones Day, Washington, D.C., pro hac vice, for Appellant.

M. Stephen Turner, and David K. Miller of Broad and Cassel, Tallahassee, and Robert M. Loehr and Matt Schultz of Levin, Papantonio, Thomas, Mitchell, Eschsner & Proctor, P.A., Pensacola, for Appellee.

MARSTILLER, J.*

This is the first so-called "Engle progeny" case to reach a district court of appeal following the Florida Supreme Court's decision in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla.2006). Engle began as a smokers' class action lawsuit filed in 1994 against cigarette companies and tobacco industry organizations seeking damages for smoking-related illnesses...

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