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PHILIP MORRIS USA, INC. v. BARBANELL

No. 4D09-3987.

100 So.3d 152 (2012)

PHILIP MORRIS USA, INC., Appellant, v. Leon BARBANELL, as Personal Representative of the Estate of Shirley Barbanell, deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 2012.

Attorney(s) appearing for the Case

Stephen N. Zack and Andrew S. Brenner of Boies, Schiller & Flexner, LLP, Miami, William P. Geraghty of Shook, Hardy & Bacon, LLP, Miami, and Jennifer L. Brown of Shook, Hardy & Bacon, LLP, San Francisco, California, and Gary L. Sasso of Carlton Fields, Tampa, for appellant.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, Steven J. Hammer and Jonathan Gdanski of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellee.

David J. Sales of David J. Sales, P.A., Jupiter, for Amicus Curiae The Florida Justice Association.

ON MOTION FOR REHEARING

HAZOURI, J.

Appellee Leon Barbanell's motion for rehearing is granted, and we withdraw our prior opinion and substitute the following opinion:

Appellant, Philip Morris USA, Inc. (PM) appeals a final judgment in favor of appellee, Leon Barbanell, as personal representative of the estate of Shirley Barbanell, deceased, who cross-appeals the trial court's granting of a directed verdict as to the claims for fraudulent concealment...

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