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FROST v. LORILLARD TOBACCO COMPANY

No. 5D10-2004.

85 So.3d 1209 (2012)

Tammy L. FROST, As Personal, etc., Appellant, v. LORILLARD TOBACCO COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

April 27, 2012.

Attorney(s) appearing for the Case

Christopher V. Carlyle, B.C.S. , and Shannon McLin Carlyle, B.C.S. , of The Carlyle Appellate Law Firm, The Villages, Rod Smith and Dawn M. Vallejos-Nichols of Avera & Smith, LLP, Gainesville, for Appellant.

David L. Ross , Elliott H. Scherker and Brigid F. Cech Samole of Greenberg, Traurig, P.A., Miami, for Appellee Lorillard Tobacco Co.

Karen H. Curtis of Clarke Silverglate, P.A., Miami, for Liggett Group LLC and Vector Group, Ltd., Inc.

David B. Thorne and Jennifer M. Voss of Shook, Hardy & Bacon, L.L.P., Tampa, and William P. Geraghty and Frank Cruz-Alvarez of Shook, Hardy & Bacon, L.L.P., Miami, and Jeffrey E. Bigman of Smith, Hood, Loucks, Stout, Bigman & Brock, P.A., Daytona Beach, for Appellee Philip Morris USA, Inc.

ON MOTION FOR REHEARING

PER CURIAM.

We grant Appellant's motion for rehearing, withdraw our earlier opinion, and substitute the following opinion in its place.

Appellant challenges the summary judgment in favor of Lorillard Tobacco Company, Vector Group, Ltd., Inc., and Liggett Group, LLC (collectively "Appellees") in this Engle1-progeny case. Appellant argues that: (1) summary judgment was premature; (2...

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