Philip Morris USA, Inc. v. Barbanell

I respectfully dissent from the granting of the motion for rehearing and the resulting opinion of the majority. The majority appears to base its granting of rehearing on two reasons. First, the majority states that Webb compels that we revisit our original opinion and second, the appellee, in retrospect, did object “contemporaneously” to the third interrogatory during the jury charge conference. I believe that Webb, from our sister court, is clearly distinguishable, and does not require that we revisit our opinion; and further, that ap-pellee did not contemporaneously object and cannot be…