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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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02/05/2021
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DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT GPI
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PT Brinda Coates BY: PT John S. Mills 107719
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02/08/2021
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ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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02/08/2021
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PAY CASE FILING FEE-300
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PT Brinda Coates BY: PT William H. Ogle 367400
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02/08/2021
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Fee Paid Through Portal
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02/15/2021
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Extension of Time to File Brief on Jurisdiction
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02/15/2021
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Extension of Time to File Brief on Jurisdiction **Duplicate motion**
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02/16/2021
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted, and petitioner is allowed to and including March 19, 2021, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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03/19/2021
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MOTION-EXT OF TIME (JURIS BRIEF)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Second
Extension of Time to File Brief on Jurisdiction
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03/22/2021
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ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
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Petitioner's motion for extension of time is granted, and petitioner is allowed to and including March 23, 2021, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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03/23/2021
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JURIS INITIAL BRIEF
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Brief on Jurisdiction
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03/23/2021
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APPENDIX-JURIS BRIEF
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PT Brinda Coates BY: PT John S. Mills 107719
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Appendix to Petitioner's Brief on Jurisdiction
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03/23/2021
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REQUEST-ORAL ARGUMENT
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PT Brinda Coates BY: PT John S. Mills 107719
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03/31/2021
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MOTION-EXT OF TIME (JURIS BRIEF)
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Unopposed Motion for Extension of Time to Serve
Brief on Jurisdiction
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03/31/2021
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MOTION-TOLL TIME
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Unopposed Motion to Toll Time
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04/01/2021
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ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT)
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Respondent's motion for extension of time is granted and respondent is allowed to and including May 24, 2021, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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05/17/2021
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NOTICE-ADDRESS CHANGE
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RS R.J. Reynolds Tobacco Company RJR BY: RS Troy A. Fuhrman 985211
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NOTICE OF CHANGE OF ADDRESS OF COUNSEL
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05/21/2021
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JURIS ANSWER BRIEF
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Brief on Jurisdiction of Respondent R.J. Reynolds Tobacco Company
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07/08/2021
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ORDER-DUAL BASIS JURIS ACCEPT/DECLINE (OA LATER DATE)
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The Court accepts jurisdiction of this case as to the Certified question of great public importance.
Petitioner's initial brief on the merits must be served on or before August 12, 2021; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits; and respondent's cross-reply brief on the merits, if authorized, must be served thirty days after service of petitioner's reply brief on the merits.
The Clerk of the Fifth District Court of Appeal must file the record which must be properly indexed and paginated on or before August 2, 2021. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
The Court has determined that it should decline to accept jurisdiction as to express and direct conflict.
Oral argument will be set by separate order. Counsel for parties will be notified of the oral argument date approximately sixty days prior to oral argument.
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07/26/2021
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RECORD
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Sandra B. Williams 634566 BY: Sandra B. Williams 634566
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Certified Copies of Appeal Papers - Filed electronically.
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07/26/2021
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RECORD
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Sandra B. Williams 634566 BY: Sandra B. Williams 634566
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Sealed Record on Appeal - Filed electronically.
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07/26/2021
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RECORD
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Sandra B. Williams 634566 BY: Sandra B. Williams 634566
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Record on Appeal Volume 1 (p1-6607) - Filed electronically.
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07/26/2021
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RECORD
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Sandra B. Williams 634566 BY: Sandra B. Williams 634566
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Record on Appeal Volume 2 (p.6607-21331) - Filed electronically.
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08/09/2021
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Brinda Coates BY: PT Jonathan A. Martin 117535
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Petitioner's Unopposed Motion for Extension of Time to File Initial Brief on the Merits
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08/10/2021
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including September 13, 2021, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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09/10/2021
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Extension of Time to File Initial Brief on the Merits
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09/10/2021
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and Petitioner is allowed to and including October 13, 2021, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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09/17/2021
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MOTION-AMICUS CURIAE
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MR Washington Legal Foundation BY: MR Cory L. Andrews 25677
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Motion of Washington Legal Foundation for Leave to Appear as Amicus Curiae in Support of Respondent
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09/17/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Washington Legal Foundation is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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10/08/2021
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Extension of Time to Serve Initial Brief on the Merits
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10/08/2021
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and Petitioner is allowed to and including October 27, 2021, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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10/27/2021
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INITIAL BRIEF-MERITS
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Initial Brief on the Merits
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11/16/2021
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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11/16/2021
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted, and respondent is allowed to and including December 29, 2021, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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11/16/2021
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MOTION-AMICUS CURIAE
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MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707
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Florida Defense Lawyers Association's Motion for Leave to Appear as Amicus Curiae in Support of Respondent
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11/17/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Defense Lawyers Association is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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12/22/2021
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MOTION-AMICUS CURIAE
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MR Philip Morris Usa, Inc. BY: MR Geoffrey J. Michael 86152
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Unopposed Motion for Leave to File Amicus Curiae Brief
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12/22/2021
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Philip Morris Usa, Inc. BY: MR Samuel F. Callahan
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12/22/2021
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PAY PRO HAC VICE FEE-100
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MR Philip Morris Usa, Inc. BY: MR Samuel F. Callahan
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12/22/2021
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Philip Morris Usa, Inc. BY: MR John P. Elwood
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12/22/2021
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PAY PRO HAC VICE FEE-100
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MR Philip Morris Usa, Inc. BY: MR Geoffrey J. Michael 86152
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12/22/2021
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Philip Morris USA, Inc. is hereby granted and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
The motions to appear pro hac vice filed in the above cause by John P. Elwood and Samuel F. Callahan, on behalf of Philip Morris USA, Inc., are hereby granted and counsels' payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on December 22, 2021.
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12/29/2021
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ANSWER BRIEF-MERITS
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Answer Brief of Respondent R.J. Reynolds Tobacco Company
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12/30/2021
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Washington Legal Foundation BY: MR Cory L. Andrews 25677
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Brief of Washington Legal Foundation as Amicus Curiae Supporting Respondent
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01/03/2022
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MOTION-AMICUS CURIAE
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MR Chamber of Commerce of the United States of America BY: MR Joseph Hagedorn Lang 59404
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Consent Motion of the Chamber of Commerce of the United States, the American Tort Reform Association, and the Florida Justice Reform Institute for Leave to File Amici Curiae Brief
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01/03/2022
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MOTION-AMICUS CURIAE
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MR Product Liability Advisory Council, Inc. BY: MR Wendy F. Lumish 334332
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PLAC's Agreed Motion for Leave of Court to File an Amicus Curiae Brief in Support of Respondent
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01/03/2022
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amici curiae filed by the Chamber of Commerce of the United States of America, the American Tort Reform Association, and the Florida Justice Reform Institute is hereby granted, and they are allowed to file brief only in support of Respondent. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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01/04/2022
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by the Product Liability Advisory Council, Inc. is hereby granted, and they are allowed to file brief only in support of Respondent. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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01/05/2022
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Product Liability Advisory Council, Inc. BY: MR Thomas H. Dupree
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01/05/2022
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PAY PRO HAC VICE FEE-100
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MR Product Liability Advisory Council, Inc. BY: MR Thomas H. Dupree
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01/05/2022
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Product Liability Advisory Council, Inc. BY: MR Wendy F. Lumish 334332
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Brief of Product Liability Advisory Council, Inc. as Amicus Curiae in Support of Defendant/Respondent
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01/06/2022
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Thomas H. Dupree, Jr., on behalf of the Product Liability Advisory Council, Inc., is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on January 5, 2022.
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01/07/2022
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Chamber of Commerce of the United States of America BY: MR Joseph Hagedorn Lang 59404
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Amici Curiae Brief of the Chamber of Commerce of the United States of America, the American Tort Reform Association, and the Florida Justice Reform Institute in Support of Respondent
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01/10/2022
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Defense Lawyers Association BY: MR Kansas R. Gooden 58707
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Amicus Brief of Florida Defense Lawyers Association in Support of Respondent
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01/10/2022
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Philip Morris Usa, Inc. BY: MR Geoffrey J. Michael 86152
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Amicus Curiae Brief of Philip Morris USA Inc. in Support of Appellee R.J. Reynolds Tobacco Company
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01/10/2022
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APPENDIX-MERIT BRIEF
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MR Philip Morris Usa, Inc. BY: MR Geoffrey J. Michael 86152
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Appendix to Amicus Curiae Brief of Philip Morris USA Inc. in Support of Appellee R.J. Reynolds Tobacco Company
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01/27/2022
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Brinda Coates BY: PT Jonathan A. Martin 117535
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Petitioner's Unopposed Motion for Extension of Time to File Reply Brief on the Merits
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01/27/2022
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including February 28, 2022, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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02/25/2022
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Unopposed Motion for Extension of Time to File Reply Brief on the Merits
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02/25/2022
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 7, 2022, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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03/07/2022
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REPLY BRIEF-MERITS
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Reply Brief
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03/07/2022
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MOTION-ATTORNEYS FEES
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PT Brinda Coates BY: PT Jonathan A. Martin 117535
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Petitioner's Motion for Appellate Attorneys' Fees
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03/14/2022
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RESPONSE
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Respondent's Response to Petitioner's Motion for Appellate Attorneys' Fees
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04/12/2022
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, June 9, 2022.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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05/06/2022
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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RS R.J. Reynolds Tobacco Company RJR BY: RS Marie A. Borland 847984
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Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of General Practice and Judicial Administration 2.510
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05/06/2022
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FEE PAID-PRO HAC VICE
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Andrew J. Bentz
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05/09/2022
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice filed in the above cause by Andrew J. Bentz, on behalf of R.J. Reynolds Tobacco Company, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on May 6, 2022.
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06/09/2022
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ORAL ARGUMENT HELD
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01/05/2023
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ORDER-RESPONSE/REPLY REQUESTED
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Having reviewed the Petitioner's Motion for Appellate
Attorneys' Fees and the response, the Court orders supplemental
responses. On or before January 25, 2023, Petitioner and Respondent shall each file a supplemental response, not to exceed 20 pages, addressing whether the moving party must prevail on appeal to be entitled to a provisional award of appellate attorney's fees under section 768.79, Florida Statutes.
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01/05/2023
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DISP-APPROVED
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FSC-OPINION: Accordingly, we answer the rephrased certified question in the affirmative. Further, because the trial court abused its discretion by not ordering remittitur of the punitive damages award in this case, we approve the Fifth District's decision reversing the excessive award and remanding for further proceedings to the extent the district court's decision is consistent with this opinion. It is so ordered.
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01/25/2023
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SUPPLEMENTAL RESPONSE
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PT Brinda Coates BY: PT John S. Mills 107719
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Petitioner's Supplemental Response Regarding Petitioner's Motion for Appellate Attorney's Fees
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01/25/2023
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SUPPLEMENTAL RESPONSE
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RS R.J. Reynolds Tobacco Company RJR BY: RS Troy A. Fuhrman 985211
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Respondent's Supplemental Response to Petitioner's Motion for Appellate Attorney's Fees
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01/25/2023
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APPENDIX-RESPONSE
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RS R.J. Reynolds Tobacco Company RJR BY: RS Troy A. Fuhrman 985211
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Appendix to Respondent's Supplemental Response to Petitioner's Motion for Appellate Attorney's Fees
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