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FRAZIER v. PHILIP MORRIS USA INC.

No. 3D11-580.

89 So.3d 937 (2012)

Phyllis FRAZIER, Appellant/Cross-Appellee, v. PHILIP MORRIS USA INC., and R.J. Reynolds Tobacco Company, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 2012.

Attorney(s) appearing for the Case

Gerson & Schwartz, and Philip M. Gerson , Miami, and Edward S. Schwartz , for appellant/cross-appellee.

Carlton Fields , and Benjamine Reid , Miami; Shook, Hardy & Bacon, and William Geraghty and Frank Cruz-Alvarez , Miami; Jones Day, and Gregory G. Katsas ; White & Case, and Raoul G. Cantero , Miami, for appellees/cross-appellants.

Before ROTHENBERG and SALTER, JJ., and SCHWARTZ, Senior Judge.

SALTER, J.

In this Engle-progeny1 case, the jury returned a special interrogatory verdict in favor of the tobacco company defendants, appellees here, based on the affirmative defense that the plaintiff's, Ms. Frazier's, lawsuit was barred by the four-year statute of limitations, section 95.11(3), Florida Statutes (1994). Ms. Frazier has appealed the denial of her motions for directed verdict and new trial regarding the limitations...

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