Legal Opinion

R.J. Reynolds Tobacco v. Ward

District Court of Appeal of Florida

Decided June 24, 2014No. 1D13-0869PublishedCited by 8 opinions

1Opinion of the CourtBenton, J.

Defendants in a wrongful death action below, the tobacco companies who are now appealing, refused Erskin Ward’s offers of judgment, only to lose at trial and suffer entry of judgment in the wrongful death case awarding sums dramatically in excess of what Mr. Ward had been willing to settle for. As the prevailing party, he filed a timely motion to tax attorney’s fees and costs pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2012), and Florida Rule of Civil Procedure 1.442, but cited no other statute or rule. The trial court granted the motion, and awarded costs and…

2Cases cited19 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
  3. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  4. Standard Guar. Ins. Co. v. QuanstromSupreme Court of Florida · 1990
  5. Arcambel v. WisemanSupreme Court of the United States · 1796

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3Cited by8 opinions

  1. Borden Dairy Co. of Alabama v. KuhajdaDistrict Court of Appeal of Florida · 2015
  2. saritha reddy Paduru and Ravi Anugu v. Allison W. KlinkenbergDistrict Court of Appeal of Florida · 2014
  3. Air Turbine Technology, Inc. v. Quarles & Brady, LLC, Quarles & Brady, LLP and Richard HornDistrict Court of Appeal of Florida · 2015
  4. Managed Care of North America, Inc. v. Florida Healthy Kids Corporation and Delta Dental Insurance CompanyDistrict Court of Appeal of Florida · 2019
  5. Executive Office of the Governor, and Governor Ron DeSantis v. Florida Center for Government Accountability, Inc.District Court of Appeal of Florida · 2025

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