Legal Opinion
Damianakis v. Philip Morris USA Inc.
District Court of Appeal of Florida
Decided January 7, 2015No. 2D13-246PublishedCited by 5 opinions
1Opinion of the Court
WALLACE, Judge.
Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damia-nakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court’s grant of Philip Morris’s motion for summary judgment. The trial court granted Philip Morris’s motion for summary judgment on the ground that the statute of limitations barred Mrs. Damia-nakis’s claims, based on its prerequisite finding that Mr. Damianakis was not a member of the common class of plaintiffs that had been established in R.J. Reynolds Tobacco Co. v. Engle, 672 So.2d 39 (Fla. 3d DCA), rev.…
2Cases cited14 opinions
- Volusia County v. Aberdeen at Ormond BeachSupreme Court of Florida · 2000
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
- Philip Morris USA, Inc. v. DouglasSupreme Court of Florida · 2013
- State v. HayesDistrict Court of Appeal of Florida · 1976
- Liggett Group, Inc. v. EngleDistrict Court of Appeal of Florida · 2003
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3Cited by5 opinions
- CHARLES W. GRIMES & BRENDA GRIMES v. KEVIN R. LOTTESDistrict Court of Appeal of Florida · 2018
- AHF-Bay Fund, LLC v. City of Largo, FloridaDistrict Court of Appeal of Florida · 2015
- Chacon v. Philip Morris USA, Inc.District Court of Appeal of Florida · 2018
- Patricia Harris v. R.J. Reynolds Tobacco CompanyCourt of Appeals for the Eleventh Circuit · 2020
- R.J. REYNOLDS TOBACCO COMPANY v. LESLIE SCHLEFSTEIN, as Personal Representative of the ESTATE OF DAWN SCHLEFSTEINDistrict Court of Appeal of Florida · 2019