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PHILIP MORRIS USA INC. v. HINES

No. 4D02-941.

883 So.2d 292 (2003)

PHILIP MORRIS USA INC., Appellant, v. John P. HINES and Delores Howell, Individually and on behalf of all others similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

Order Denying Rehearing and Certification October 6, 2004.

Attorney(s) appearing for the Case

Tom Warner, Joseph Ianno, Jr., and Michael K. Winston of Carlton Fields, P.A., West Palm Beach, and Robert C. Heim, Ezra D. Rosenberg, Judy L. Leone and Ronni E. Fuchs of Dechert, Price & Rhoads, Philadelphia, PA, and Stephen N. Zack of Boies, Schiller & Flexner, LLP, Miami, for appellant.

Gary M. Farmer, Jr. of Freedland, Glassman, Farmer & Sheller, P.A., Fort Lauderdale, and Stephen A. Sheller of Sheller, Ludwig & Badey, Philadelphia, PA, for appellees.

Roy C. Young of Young, van Assenderp, Varnadoe & Anderson, P.A., Tallahassee, for Amicus Curiae Florida Chamber of Commerce.

PER CURIAM.

Philip Morris USA Inc. (Philip Morris) seeks review of an order granting appellees' motion for class certification. We reverse and remand for decertification of the class.

Appellees sought certification of a class consisting of all persons who purchased Marlboro Lights and Ultra Lights "low tar" cigarettes in Florida between 1971 and the present. The key issue is whether Philip Morris violated Florida...

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