CAPONE v. PHILIP MORRIS U.S.A. INC.

No. 3D09-3331.

56 So.3d 34 (2010)

Karen CAPONE, individually, and as Personal Representative of the Estate of Frank Capone, Appellants, v. PHILIP MORRIS U.S.A. INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied March 23, 2011.


Attorney(s) appearing for the Case

J. Michael Fitzgerald , Virginia, for appellants.

Carlton Fields , Gary L. Sasso and Joseph Hagedorn Lang, Jr. , Tampa, and Geoffrey Michael , Arnold & Porter LLP, Washington, D.C., for appellee.

Before SUAREZ, ROTHENBERG, and SALTER, JJ.


SUAREZ, J.

Karen Capone appeals from an order denying her motion for relief from judgment, motion to correct a scrivener's error, and verified motion to vacate and/or reconsider. We affirm, as Karen Capone is precluded from filing a wrongful death action because the appropriate statute of limitations has run.

In 2005, Karen Capone and her husband Frank filed a complaint against Philip Morris and other cigarette manufacturers, alleging that Frank had sustained...

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