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NIEMI v. BROWN & WILLIAMSON TOBACCO CORPORATION

No. 2D03-2600.

862 So.2d 31 (2003)

Lena M. NIEMI, individually, and Lena M. Niemi And Michele D. Mata, as Co-Personal Representatives of the Estate of Peter V. Niemi, Appellants, v. BROWN & WILLIAMSON TOBACCO CORPORATION, as successor by merger to The American Tobacco Company, a foreign corporation; and R.J. Reynolds Tobacco Corporation, a foreign corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 24, 2003.

Attorney(s) appearing for the Case

Howard M. Acosta of the Law Offices of Howard M. Acosta, St. Petersburg; Bruce H. Denson and Kent G. Whittemore of Whittemore, Denson, P.A., St. Petersburg; and Charles P. Schropp of Schropp, Buell & Elligett, P.A., Tampa, for Appellants.

Benjamin H. Hill, III; Troy A. Fuhrman; Marie A. Borland of Hill, Ward & Henderson, P.A., Tampa; and Stephanie E. Parker and John F. Yarber of Jones Day, Atlanta, GA, for Appellee R.J. Reynolds Tobacco Company.

William A. Gillen, Jr., of Gray, Harris, Tampa, for Appellee Brown & Williamson Tobacco Corporation.

ALTENBERND, Chief Judge.

This appellate proceeding involves a very unusual procedural problem. Although it is arguable that the order on appeal is a final order, we conclude that certiorari review provides the simplest solution.

Peter V. Niemi and his wife, Lena M. Niemi, filed a lawsuit against Brown and Williamson Tobacco Corporation and R.J. Reynolds Tobacco Company alleging that Mr. Niemi had sustained bodily injuries as a result of smoking cigarettes...

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