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R.J. REYNOLDS TOBACCO CO. v. KENYON

No. 2D02-1667.

826 So.2d 370 (2002)

R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Floyd J. KENYON, Sr., and Florence Kenyon, his wife, Appellees.

District Court of Appeal of Florida, Second District.

June 28, 2002.

Attorney(s) appearing for the Case

Benjamin H. Hill, III, and Troy A. Fuhrman of Hill, Ward & Henderson, P.A., Tampa; and Stephanie E. Parker and John F. Yarber of Jones, Day, Reavis & Pogue, Atlanta, for Appellant.

Charles P. Schropp of Schropp, Buell & Elligett, P.A., Tampa; Howard M. Acosta, Tampa; Kent G. Whittemore and Bruce H. Denson of Whittemore, Ferguson, P.A., St. Petersburg; and Gregory H. Maxwell of Spohrer, Wilner, Maxwell & Matthews, P.A., Jacksonville, for Appellees.

ON MOTION TO DISMISS

ALTENBERND, Judge.

The plaintiffs/appellees, Floyd and Florence Kenyon, have filed a motion to dismiss this appeal for lack of jurisdiction. They argue that the motion seeking entry of a judgment in accordance with a motion for a directed verdict or alternatively for a new trial, filed by the defendant/appellant, R.J. Reynolds Tobacco Company (R.J. Reynolds), was untimely and did not stay the time for filing the notice of appeal...

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