Summary
In R.J. Reynolds Tobacco Co. v. Mattson, SC18-1550, 2022 WL 500290 (Fla. Feb. 18, 2022), our supreme court quashed Konzelman and remanded with instructions for reconsideration upon application of the decision in Sheffield v. R.J. Reynolds Tobacco Co., 329 So.3d 114 (Fla. 2021).
Summary of this case from R.J. Reynolds Tobacco Co. v. MattsonOpinion
CASE NO.: SC18-1550
02-18-2022
R.J. REYNOLDS TOBACCO COMPANY, Petitioner(s) v. Sandra L. MATTSON, etc., Respondent(s)
Upon review of the response to this Court's Order to Show Cause dated December 13, 2021, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration upon application of our decision in Sheffield v. R.J. Reynolds Tobacco Co. , 329 So. 3d 114 (Fla. 2021).
Respondent's Motion for Attorneys’ Fees is hereby denied.
No motion for rehearing will be entertained by the Court.
CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
LABARGA, J., concurs in part and dissents in part with an opinion.
LABARGA, J., concurring in part and dissenting in part.
While I maintain my dissent in Sheffield v. R.J. Reynolds Tobacco Co. , 329 So. 3d 114 (Fla. 2021), because Mattson is not the prevailing party in this case, I agree that she is not entitled to appellate attorneys’ fees pursuant to section 768.79, Florida Statutes (2016).