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CARTER v. BROWN & WILLIAMSON TOBACCO CORP.

No. SC94797.

778 So.2d 932 (2000)

Grady CARTER, et al., Petitioners, v. BROWN & WILLIAMSON TOBACCO CORPORATION, as successor by merger to The American Tobacco Company, Respondents.

Supreme Court of Florida.

Rehearing Denied January 19, 2001.

Attorney(s) appearing for the Case

Norwood S. Wilner, Gregory H. Maxwell, and Stephanie J. Hartley of Spohrer, Wilner, Maxwell & Matthews, Jacksonville, Florida; Ada A. Hammond of Johnston, Hammond & Burnett, Jacksonville, Florida; and Raymond Ehrlich of Holland & Knight, L.L.P., Jacksonville, Florida, for Petitioners.

J.W. Prichard, Jr. and Robert B. Parrish of Moseley, Warren, Prichard & Parrish, Jacksonville, Florida; Thomas E. Bezanson and Thomas E. Riley of Chadbourne & Parke, L.L.P., New York, New York; and Barry Richard of Greenberg Traurig, P.A., Tallahassee, Florida, for Respondent.

Jack W. Shaw, Jr., Orlando, Florida, for DES Action, Amicus Curiae.

HARDING, J.

We have for review the decision of Brown & Williamson Tobacco Corp. v. Carter, 723 So.2d 833 (Fla. 1st DCA 1998), which expressly and directly conflicts with Celotex Corp. v. Copeland, 471 So.2d 533 (Fla.1985). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

Brown & Williamson and Copeland are in conflict...

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