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Florida District Courts of Appeal, 2012

R.J. Reynolds Tobacco Co. v. Koballa

R.J. Reynolds Tobacco Co. v. Koballa
Florida District Courts of Appeal · Decided October 26, 2012 · Cohen, Palmer, Torpy
99 So. 3d 630; 2012 Fla. App. LEXIS 18758; 2012 WL 5272983 (Southern Reporter, Third Series)

R.J. Reynolds Tobacco Co. v. Koballa

Opinion of the Court

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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