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SOFFER v. R.J. REYNOLDS TOBACCO CO.

No. 1D11-3724.

106 So.3d 465 (2013)

Lucille Ruth SOFFER, as personal representative of the Estate of Maurice Benson SOFFER, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, et al., Appellee.

District Court of Appeal of Florida, First District.

January 2, 2013.

Attorney(s) appearing for the Case

John S. Mills , The Mills Firm, Tallahassee, Mark A. Avera , Rod Smith , Dawn M. Vallejos-Nichols , Avera & Smith, Gainesville, and James W. Gustafson, Jr. , Searcy Denney Scarola Barnhart & Shipley, Tallahassee, for Appellant.

Robert B. Parrish , Moseley, Pritchard, Parrish, Knight & Jones, Jacksonville, and Gregory G. Katsas , Jones Day, Washington, D.C., for Appellee.

Prior Report: 106 So.3d 456.

ON APPELLANT/CROSS-APPELLEE'S MOTION FOR REHEARING OR REHEARING EN BANC AND APPELLEE/CROSS-APPELLANT'S MOTION FOR CERTIFICATION OR REHEARING

PER CURIAM.

In our original opinion, we affirmed the cross-appeal without comment. We grant rehearing to clarify that we affirm R.J. Reynolds's third issue on appeal — namely, whether the trial court's application of factual findings established in Engle violated R.J. Reynolds's due process rights —...

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