REYNOLDS TOBACCO COMPANY v. MILLER (2021)

District Court of Appeal of Florida, First District.

R. J. REYNOLDS TOBACCO COMPANY, Appellant/Cross-Appellee, v. Robert MILLER, as Personal Representative of the Estate of Alfred Wayne Redburn, Appellee/Cross-Appellant.

No. 1D20-467

Decided: November 03, 2021

Marie A. Borland and Troy A. Fuhrman of Hill Ward Henderson, Tampa; Jason T. Burnette, Emily Baker, and Simon P. Hansen of Jones Day, Atlanta, Georgia; Jacqueline Pasek and Kevin P. Riddles of Jones Day, Cleveland, Ohio; Paul Reichert of Jones Day, Washington D.C.; David C. Reeves of Moseley, Prichard, Parris, Jacksonville, for Appellant/Cross-Appellee. Angelo M. Patacca, Jr. and Wayne Hogan of Terrell Hogan Yegelwel, P.A., Jacksonville; John S. Mills, Courtney Brewer, Jonathan Martin, and Bailey Howard of Bishop & Mills, PLLC, Tallahassee; Norwood Wilner, Richard Lantinberg, and A. Jay Plotkin of The Wilner Law Firm, Jacksonville, for Appellee/Cross-Appellant.

On Unopposed Motion for Clarification

Appellee's unopposed motion for clarification of our prior opinion rendered August 31, 2021, is hereby granted for the purpose of correcting the citation. The prior opinion is hereby withdrawn and substituted with the following:

Affirmed. See also R.J. Reynolds Tobacco Co. v. Prentice, 290 So. 3d 963 (Fla. 1st DCA 2019), rev. granted, SC20-291, 2020 WL 4590156 (Fla. Aug. 11, 2020) (applicable to the cross-appeal issue).

Per Curiam.

Lewis, Osterhaus, and M.K. Thomas, JJ., concur.

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