Philip Morris USA, Inc. v. Elaine Hess, as Personal Representative of the Estate of Stuart Hess

District Court of Appeal of Florida

Philip Morris USA, Inc. v. Elaine Hess, as Personal Representative of the Estate of Stuart Hess

181 So. 3d 583, 2016 Fla. App. LEXIS 240

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 2016

Docket4D09-2666

StatusPublished

This text of 181 So. 3d 583 (Philip Morris USA, Inc. v. Elaine Hess, as Personal Representative of the Estate of Stuart Hess) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Philip Morris USA, Inc. v. Elaine Hess, as Personal Representative of the Estate of Stuart Hess, 181 So. 3d 583, 2016 Fla. App. LEXIS 240 (Fla. Ct. App. 2016).

Pincite

Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

PHILIP MORRIS USA, INC., Appellant,

v.

ELAINE HESS, as Personal Representative of the Estate of Stuart Hess, deceased,

Appellee.

No. 4D09-2666

[January 6, 2016]

Appeal and cross-appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey E. Streitfeld, Judge; L.T. Case No. 2007-CV-11513 (19).

Miguel A. Estrada of the Law Firm of Gibson, Dunn & Crutcher LLP, Washington, D.C., Patricia A. Melville, Andrew S. Brenner and Luis E. Suarez of Boies Schiller & Flexner LLP, Miami, and Gary L. Sasso of Carlton Fields, Tampa, for appellant.

Bruce S. Rogow, Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, Gary M. Paige and Adam Trop of Paige, Trop & Ameen, P.A., Hollywood, and Alex Alvarez of The Alvarez Law Firm, Coral Gables, for appellee.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

DAMOORGIAN, J.

We reconsider on remand our opinion in Philip Morris USA, Inc. v. Hess, 95 So. 3d 254 (Fla. 4th DCA 2012), which was quashed by the Florida Supreme Court following its decision in Hess v. Philip Morris USA, Inc., 175 So. 3d 687 (Fla. 2015). As ordered by the supreme court, we remand and direct the trial court to reinstate its original final judgment.

Reversed and remanded.

GROSS and KLINGENSMITH, JJ., concur. * * *

-2-

Free access — add to your briefcase to read the full text and ask questions with AI