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PHILIP MORRIS USA INC. v. FREEMAN

No. 1D18-2070.

285 So.3d 999 (2019)

PHILIP MORRIS USA INC., Appellant, v. Jo E. FREEMAN, as Personal Representative of the Estate of David W. Freeman, Appellee.

District Court of Appeal of Florida, First District.

November 27, 2019.

Attorney(s) appearing for the Case

Joseph M. Fasi, II of Gass, Weber, Mullins, LLC, Miami; W. Edwards Muñiz of Shook, Hardy & Bacon, LLP, Tampa; Hildy M. Sastre of Shook, Hardy & Bacon, LLP, Miami; Peter M. Henk of Shook, Hardy & Bacon, LLP, Houston, Texas; and Geoffrey J. Michael of Arnold & Porter, Kaye, Scholer, LLP, Washington DC, for Appellant.

David J. Sales and Daniel R. Hoffman of the Law Firm of David J. Sales, P.A., Sarasota; Gary Paige and Cassandra Castellano-Lombard , of Gordon & Doner, P.A., Davie; and Randy Rosenblum of Dolan, Dobrinsky, Rosenblum, LLP, Miami, for Appellee.

Appellant contends that the trial court erred in determining that Appellee's wrongful death claim was not time-barred because the "dismissed lawsuit" referenced in the stipulation was filed by a deceased individual and was a legal nullity. We agree and reverse the trial court's decision because Appellee's wrongful death claim was...

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