Legal Opinion

Elton v. Dougherty

District Court of Appeal of Florida

Decided June 9, 2006No. 5D05-4188PublishedCited by 3 opinions

1Opinion of the Court

SHARP, W., J.

Elton, the petitioner in this case, seeks certiorari review of the circuit court’s order that denied his motion to withdraw as counsel for the plaintiff, Mare Dougherty, in a civil lawsuit. We grant the writ.

In the lawsuit below, Dougherty sued various tobacco companies for injuries she suffered in 1997. She had a severe asthma attack which caused respiratory failure and left her partially paralyzed and partially blind. The amended complaint was served on May 8, 2001. She alleged and sought to prove that her constant inhalation of second-hand cigarette smoke in the course of her…

2Cases cited6 opinions

  1. Kirsch v. DuryeaCalifornia Supreme Court · 1978
  2. Fisher v. StateSupreme Court of Florida · 1971
  3. Rindner v. Cannon Mills, Inc.New York Supreme Court · 1985
  4. Cohen v. TzimasNew York Supreme Court · 1987
  5. ATLANTIC COMMERCIAL DEV. CORP. v. Nortek, Inc.District Court of Appeal of Florida · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bowin v. MolyneauxDistrict Court of Appeal of Florida · 2012
  2. King & Spalding LLP v. the Residences at the Bath Club Condominium Association, Inc., and the Residences at the Bath Club Maintenance Association, Inc.District Court of Appeal of Florida · 2025
  3. LUKE BEGONJA, ROBERT F. PRINCE, AND KENT M. MCCAIN v. WYNDHAM VACATION RESORTS, INC., WYNDHAM VACATION OWNERSHIP, INC., AND WYNDHAM VACATION MANAGEMENT, INC.District Court of Appeal of Florida · 2023

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