R.J. Reynolds Tobacco Company v. Ken Ellis, as Personal Rep. of the Estate etc.

• Court: District Court of Appeal of Florida
• Decided: December 2, 2014
• Docket: 14-3796
• 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 Petitioner, CASE NO. 1D14-3796 v.

KEN ELLIS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BETTY OWEN,

Respondent.

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Opinion filed December 3, 2014.

Petition for Writ of Certiorari -- Original Jurisdiction.

Charles F. Beall, Jr., of Moore, Hill & Westmoreland, P.A., Pensacola; Stephanie E. Parker, John F. Yarber and John M. Walker, of Jones Day, Atlanta, GA; Robert B. Parrish, David C. Reeves and Jeffrey A. Yarbrough, of Moseley, Prichard, Parrish, Knight & Jones, Jacksonville, for Petitioner.

John S. Mills and Courtney Brewer, of The Mills Firm, P.A., Tallahassee, for Respondent.

PER CURIAM.

DENIED. Petitioner seeks certiorari review of the circuit court’s August 19,

2014, Order Denying Defendant R.J. Reynolds Tobacco Company’s Motion to Quash

Subpoena of Dr. James N. Figlar. Although the ruling is now moot, we address the

petition because it involves an issue that is capable of repetition yet evading review. See Kelley v. Rice, 800 So. 2d 247 (Fla. 2d DCA 2001). We conclude, however, that

petitioner has failed to demonstrate that the challenged ruling results in irreparable

harm. See e.g., Alcon Const. Co., Inc. v. Williams, 12 So. 3d 921 (Fla. 1st DCA

2009); Mariner Health v. Griffith, 898 So. 2d 982, 984 (Fla. 5th DCA 2005).

Accordingly, the petition for writ of certiorari is denied.

VAN NORTWICK, CLARK, and SWANSON, JJ., CONCUR.