Opinion
SC22-330
11-23-2022
PHILIP MORRIS USA, INC., ET AL. Petitioner(s) v. KEVIN DUIGNAN, ETC. Respondent(s)
Lower Tribunal No(s).: 2D20-2714; 522013CA010978XXCICI
Upon review of the response to this Court's Order to Show Cause dated May 18, 2022, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, the Second District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration upon application of our decision in Prentice v. R.J. Reynolds Tobacco Co., 338 So.3d 831 (Fla. 2022).
No motion for rehearing will be entertained by the Court.
MUÑIZ, C.J., and CANADY, POLSTON, COURIEL, and GROSSHANS, JJ., concur.
LABARGA, J., concurs in result only with an opinion.
FRANCIS, J., did not participate.
LABARGA, J., concurring in result only.
Because I strongly believe that proof of fraudulent concealment in an Engle-progeny case does not require proof of reliance on a specific statement by an Engle defendant, I dissented to this Court's holding in Prentice v. R.J. Reynolds Tobacco Co., 338 So.3d 831 (Fla. 2022).
In this case, I recognize, as does the respondent, that this Court's holding in Prentice is controlling. However, I reaffirm my dissent in Prentice, and I concur in result only to the extent that Prentice requires this result.
HON. THOMAS MARK RAMSBERGER, JUDGE