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PHILIP MORRIS USA, INC. v. HESS

No. 4D09-2666.

95 So.3d 254 (2012)

PHILIP MORRIS USA, INC., Appellant, v. Elaine HESS, as Personal Representative of the Estate of Stuart Hess, deceased, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 14, 2012.

Attorney(s) appearing for the Case

Miguel A. Estrada of the Law Firm of Gibson, Dunn & Crutcher LLP, Washington, D.C., Patricia A. Melville , Andrew S. Brenner and Luis E. Suarez of Boies Schiller & Flexner LLP, Miami, and Gary L. Sasso of Carlton Fields, Tampa, for appellant.

Bruce S. Rogow , Cynthia E. Gunther of Bruce S. Rogow, P.A., Fort Lauderdale, Gary M. Paige and Adam Trop of Paige, Trop & Ameen, P.A., Hollywood, and Alex Alvarez of The Alvarez Law Firm, Coral Gables, for appellee.

DAMOORGIAN, J.

Philip Morris USA, Inc. ("PM USA") appeals the trial court's final judgment entered in favor of Elaine Hess, as surviving spouse and personal representative of the estate of her deceased husband, Stuart Hess. PM USA raises three issues on appeal. First, it contends that the trial court erred in denying its motion for judgment as a matter of law on the fraudulent concealment claim because it was barred by the statute of repose. Next, it argues that the...

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