Supreme Court of Florida· 6/13/2013
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
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