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McCOY v. R.J. REYNOLDS TOBACCO CO.

No. 4D16-1378.

229 So.3d 827 (2017)

John McCOY, Appellant, v. R.J. REYNOLDS TOBACCO COMPANY, Individually and as Successor by Merger to Brown & Williamson Tobacco Corporation, Individually and as Successor by Merger to The American Tobacco Company, a Foreign Corporation; Philip Morris — USA, Inc., a Foreign Corporation; Lorillard Tobacco Company, a Foreign Corporation; Liggett Group LLC, (f/k/a Liggett Group, Inc., f/k/a Liggett & Myers Tobacco Company); and Vector Group Ltd., Inc., (f/k/a Brooke Group, Ltd.), a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 25, 2017.

Attorney(s) appearing for the Case

Celene H. Humphries , Shea T. Moxon , Maegen P. Luka and Thomas J. Seider of Brannock & Humphries, Tampa; and Scott Schlesinger , Steven Hammer , Jonathan R. Gdanski and Brittany Chambers of Schlesinger Law Offices, P.A., Fort Lauderdale, for appellant.

Scott Michael Edson of King & Spalding LLP, Washington, D.C.; Val Leppert , William L. Durham II , and Chad A. Peterson of King & Spalding LLP, Atlanta, Georgia; and Stephanie E. Parker and John M. Walker of Jones Day, Atlanta, Georgia, for appellees, R.J. Reynolds Tobacco Company and Lorillard Tobacco Company.

Geoffrey J. Michael of Arnold & Porter LLP, Washington, D.C., for appellee, Philip Morris USA Inc.

We reverse the circuit court's order denying a motion for attorney's fees based upon a 2014 proposal for settlement under section 768.79, Florida Statutes (2015).1

On July 24, 2014, the plaintiff/appellant served a proposal for settlement on each of three defendants. The proposals were served by U.S...

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