R. J. Reynolds Tobacco Company v. Robert Thibault, Personal Representative etc.

• Court: District Court of Appeal of Florida
• Decided: October 12, 2014
• Docket: 13-4312
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

R. J. REYNOLDS TOBACCO NOT FINAL UNTIL TIME EXPIRES TO COMPANY, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D13-4312 v.

ROBERT THIBAULT, PERSONAL REPRESENTATIVE OF THE ESTATE OF EVELYN THIBAULT, INDIVIDUALLY AS SURVIVING SPOUSE, AND ON BEHALF OF THE ESTATE,

Appellee.

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Opinion filed October 13, 2014.

An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge.

Gregory G. Katsas of Jones Day, Washington, D.C., and Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellant.

John G. Crabtree and George R. Baise, Jr., of Crabtree & Associates, P.A., Key Biscayne, and Richard J. Diaz, of Richard J. Diaz, P.A., Coral Gables, for Appellee.

PER CURIAM. We affirm all points raised on appeal. We write only to confirm our position

that appellant’s proposed jury instruction on the statute of repose was properly

denied. See Philip Morris USA Inc. v. Buchanan, 39 Fla. L. Weekly D1455 (Fla.

1st DCA July 27, 2014); R.J. Reynolds Tobacco Co. v. Hiott, 129 So. 3d 473, 478

(Fla. 1st DCA 2014). In so holding, as we did in Buchanan, we certify conflict

with Philip Morris USA Inc. v. Hess, 95 So. 3d 254 (Fla. 4th DCA 2012), rev.

granted, 137 So. 3d 1020 (Fla. 2013) (table).

AFFIRMED.

ROBERTS, MARSTILLER, and SWANSON, JJ., CONCUR.