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R.J. REYNOLDS TOBACCO v. WARD

No. 1D13-0869.

141 So.3d 236 (2014)

R.J. REYNOLDS TOBACCO and Liggett Group LLC, Appellants, v. Erskin Donal WARD, as Personal Representative of the Estate of Mattie Emma Ward, Appellee.

District Court of Appeal of Florida, First District.

June 24, 2014.

Attorney(s) appearing for the Case

Charles F. Beall, Jr. and Larry Hill of Moore, Hill & Westmoreland, P.A., Pensacola, Gregory G. Katsas of Jones Day, Washington, D.C., Stephanie E. Parker , John F. Yarber , and John M. Walker of Jones Day, Atlanta, GA, and Randal S. Baringer of Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for Appellant R.J. Reynolds Tobacco Company; Karen H. Curtis of Clarke Silverglate, P.A., Miami, Kelly A. Luther and Kelly A. Spear of Kasowitz, Benson, Torres & Friedman, LLP, Miami, for Appellant Liggett Group, LLC.

David J. Sales of David J. Sales, P.A., Jupiter, for Appellee.

BENTON, J.

Defendants in a wrongful death action below, the tobacco companies who are now appealing, refused Erskin Ward's offers of judgment, only to lose at trial and suffer entry of judgment in the wrongful death case awarding sums dramatically in excess of what Mr. Ward had been willing to settle for. As the prevailing party, he filed a timely motion to tax attorney's fees and costs pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2012...

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