R.J. Reynolds Tobacco Co. v. Koballa, 5D11–2914.

Decision Date26 October 2012
Docket NumberNo. 5D11–2914.,5D11–2914.
Citation99 So.3d 630
PartiesR.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Stella KOBALLA, Appellee.
CourtFlorida District Court of Appeals

OPINION TEXT STARTS HERE

Appeal from the Circuit Court for Volusia County, Robert K. Rouse, Jr., Judge.

Benjamine Reid and Cristina Alonso of Carlton Fields, P.A., Miami, and Gregory G. Katsas and Donald B. Ayer of Jones Day, Washington, D.C., for Appellant.

J. Lester Kaney of Law Office of J. Lester Kaney, Ormond Beach, for Appellee.

Prior Report: ––– So.3d ––––.

ON 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 JUDICATA 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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