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STATE v. AMERICAN TOBACCO CO.

Nos. 96-3434, 96-4193.

707 So.2d 851 (1998)

The STATE of Florida, Lawton M. Chiles, Jr., Individually and as Governor of the State of Florida, Department Of Business and Professional Regulations, and The Agency for Health Care Administration, Appellants, v. The AMERICAN TOBACCO COMPANY; American Brands, Inc.; R.J. Reynolds Tobacco Company; et al., Appellees.

District Court of Appeal of Florida, Fourth District.

March 4, 1998.

Attorney(s) appearing for the Case

Robert M. Montgomery, Jr. of Montgomery & Larmoyeux, and Edna L. Caruso and Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, for appellants.

Justus W. Reid of Reid Metzger & Associates, P.A., West Palm Beach, Norman A. Coll, Chris M. McAliley and Christopher N. Johnson of Coll Davidson Carter Smith Salter & Barkett, P.A., Miami, and William J. Crampton of Shook, Hardy & Bacon L.L.P., Kansas City, Missouri, for Appellee-Loews Corporation.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Simpson Thacher & Bartlett, New York City, for appellee-B.A.T. Industries P.L.C.

Edward A. Moss of Anderson, Moss, Sherouse & Petros, P.A., Miami, and Kirkland & Ellis, Chicago, IL, for Appellee-Batus Holdings, Inc.

WARNER, Judge.

The state appeals the trial court's order determining that it lacked jurisdiction over three parent corporations of tobacco companies involved in the Tobacco Litigation. While the state claims that it presented sufficient evidence of an agency relationship to sustain jurisdiction, we agree with the trial court that the evidence presented was insufficient and affirm.

This case arises from the state's suit against tobacco companies for damages...

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