R.J. Reynolds Tobacco Co. v. Koballa

District Court of Appeal of Florida

R.J. Reynolds Tobacco Co. v. Koballa

99 So. 3d 630, 2012 Fla. App. LEXIS 18758, 2012 WL 5272983

CourtDistrict Court of Appeal of Florida

DecidedOctober 26, 2012

DocketNo. 5D11-2914

StatusPublished

This text of 99 So. 3d 630 (R.J. Reynolds Tobacco Co. v. Koballa) 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

R.J. Reynolds Tobacco Co. v. Koballa, 99 So. 3d 630, 2012 Fla. App. LEXIS 18758, 2012 WL 5272983 (Fla. Ct. App. 2012).

Pincite

Opinion

[631]*631ON MOTION FOR WRITTEN OPINION

TORPY, J.

We grant the motion for written opinion, withdraw our previous per curiam decision and affirm in all respects. Regarding Appellant’s due process argument, we agree with the decision of the Second District in Philip Morris USA, Inc. v. Douglas, 83 So.3d 1002 (Fla. 2d DCA 2012). We certify the following question of great public importance to the supreme court:

DOES ACCEPTING AS RES JUDICA-TA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So.2d 1246 (Fla. 2006), VIOLATE THE TOBACCO COMPANIES’ DUE PROCESS RIGHTS GUARANTEED BY THE FOURTEENTH AMENDMENT OF THE UNITED STATES CONSTITUTION?

PALMER and COHEN, JJ., concur.

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