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Capone v. Philip Morris USA, Inc.

Citations

  • 116 So. 3d 363
  • 38 Fla. L. Weekly Supp. 402
  • 2013 WL 2631180
  • 2013 Fla. LEXIS 1180

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the survival statute and the Wrongful Death Act involve “different causes of action”
  • explaining that Florida’s Wrongful Death Act “implemented a process of substitution” with respect to recovery of damages when a decedent’s injuries cause his death
  • construing companion rule 1.530 as authorizing rehearings of “orders and judgments which are 5 final in nature”
  • construing companion rule 1.530 as authorizing rehearings of “orders and judgments which are final in nature”
  • discussing the merger of what was formerly two separate actions and noting that a decedent’s claim for pain and suffering would still be available if the personal injury did not cause the death
  • “[Rule 1.530] has been consistently construed to authorize rehearings of orders and judgments which are final in nature”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canady, Labarga, Lewis, Pariente, Perry, Polston, Quince

Read full opinion on CourtListener

Other cases named Capone v. Philip Morris USA, Inc.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.