holding the trial court's refusal to instruct the jury that the plaintiff must rely to his detriment on a specific statement that concealed or omitted material information about the health risks of smoking to prove a conspiracy to commit fraudulent concealment claim was error based on this Court's decision in Whitmire , 260 So. 3d 536Summary of this case from R.J. Reynolds Tobacco Co. v. Bessent-Dixon
CASE NO.: SC20-291
Lower Tribunal No(s).: 1D17-2104; 162007CA011551DXXXMA
The Court accepts jurisdiction of this case.
Petitioner's initial brief on the merits must be served on or before August 31, 2020; respondent's answer brief on the merits must be served thirty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits must be served thirty days after service of respondent's answer brief on the merits.
The Clerk of the First District Court of Appeal must file the record which must be properly indexed and paginated on or before October 12, 2020. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.
As jurisdiction has been accepted in the above cause, any movant who wishes to follow through on a previously-filed Notice of Intent to Appear as Amicus or Amici Curiae must now proceed in compliance with Florida Rule of Appellate Procedure 9.370. CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.
Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument. A True Copy
John A. Tomasino
Clerk, Supreme Court kj
Served: ROBERT B. PARRISH
JEFFREY A. YARBROUGH
THOMAS J. SEIDER
KEITH RANDOLPH MITNIK
HON. DAVID C. REEVES,
JASON T. BURNETTE
ANTONIO LUCIANO JR.
TROY A. FUHRMAN
KATHERINE M. MASSA CELENE H. HUMPHRIES
MARIE A. BORLAND
GREGORY D. PRYSOCK
CHARLES R. A. MORSE
HON. KRISTINA SAMUELS,