Legal Opinion · Concurring in part, dissenting in part
R. J. Reynolds Tobacco Company v. Janice L. Sikes, as Personal etc.
District Court of Appeal of Florida
Decided April 12, 2016No. 1D13-3183Published
1Concurring in part, dissenting in partBilbrey, J.
Judge Osterhaus’ opinion grants Reynolds’ Emergency Motion for Stay of Execution. I believe based on the plain language of section 569.23, Florida Statutes, we should dissolve our stay of execution as to all Reynolds assets except for the $5,523,329 bond which’is currently in place.
Section 569.23(3)(a) 1, Florida Statutes, stays the execution of a judgment against a defendant who was party to the Florida tobacco settlement “during the pendency of all appeals or discretionary appellate *496review of such judgment in Florida courts.” Reynolds was a party to the Florida tobacco settlement and was…
2Cases cited4 opinions
- State v. BurrisSupreme Court of Florida · 2004
- Barnes v. E-Systems, Inc. Group Hospital Medical & Surgical Ins. PlanSupreme Court of the United States · 1991
- Philip Morris USA Inc. v. ScottSupreme Court of the United States · 2010
- R.J. Reynolds Tobacco Co. v. HallDistrict Court of Appeal of Florida · 2011