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PHILIP MORRIS USA, INC. v. HESS

No. 4D09-2666.

181 So.3d 583 (2016)

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.

January 6, 2016.

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.

ON REMAND FROM THE SUPREME COURT OF FLORIDA

We reconsider on remand our opinion in Philip Morris USA, Inc. v. Hess, 95 So.3d 254 (Fla. 4th DCA 2012), which was quashed by the Florida Supreme Court following its decision in Hess v. Philip Morris USA, Inc.,

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