ROBINSON v. REYNOLDS TOBACCO CO (2021)

District Court of Appeal of Florida, First District.

Cynthia ROBINSON, as Personal Representative of the Estate of Michael Johnson, Sr., Appellant/Cross-Appellee, v. R. J. REYNOLDS TOBACCO CO., et al., Appellees/Cross-Appellants.

No. 1D19-2893

Decided: September 29, 2021

Douglas F. Eaton of Eaton & Wolk, P.L., Miami; Willie E. Gary, Charles L. Scott, Larry A. Strauss, and Diana Correa of Gary, Williams, Parenti, Watson & Gary, P.L.L.C., Stuart; and Howard M. Acosta of the Law Offices of Howard M. Acosta, St. Petersburg, for Appellant/Cross-Appellee. Charles F. Beall and Larry Hill of Moore, Hill & Westmoreland, P.A., Pensacola; Stephanie E. Parker, John M. Walker, Emily C. Baker, and Brian C. Lea of Jones Day, Atlanta, Georgia; and Charles R.A. Morse of Jones Day, New York, New York, for Appellees/Cross-Appellants.

Affirmed. See R.J. Reynolds Tobacco Co. v. Prentice, 290 So. 3d 963, 966 (Fla. 1st DCA 2019), review granted, No. SC20-291, 2020 WL 4590156 (Fla. Aug. 11, 2020). Because the direct appeal is affirmed, the cross-appeal is dismissed. See R.J. Reynolds Tobacco Co. v. Brown, 286 So. 3d 877 (Fla. 5th DCA 2019) (dismissing conditional cross-appeal as moot when affirming issues raised on appeal).

Per Curiam.

Rowe, C.J., and M.K. Thomas and Nordby, JJ., concur.

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