IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT OF FLORIDA

Transcription

1 IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT OF FLORIDA CASE NO. 3D RECEIVED, 2/14/2017 2:07 PM, Mary Cay Blanks, Third District Court of Appeal ALICIA SUAREZ, as Personal Representative of the ESTATE OF PIO MANUEL SUAREZ, deceased, and on behalf of RICARDO SUAREZ, LETICIA SUAREZ SERRA, and CARLOS SUAREZ, v. Plaintiff-Appellant/ Cross-Appellee, R.J. REYNOLDS TOBACCO COMPANY, a Foreign Corporation; and PHILIP MORRIS USA INC., a Foreign Corporation, Defendants-Appellees/ Cross-Appellants, / L.T. CASE NO CA-01 APPELLANT S NOTICE OF SUPPLEMENTAL AUTHORITY PERTAINING TO HER EMERGENCY MOTION FOR CLARIFICATION OF THIS COURT S ORDER DENYING APPELLEES MOTION TO DISQUALIFY PAULO LIMA AND THE FERRARO LAW FIRM Appellant, Alicia Suarez, as Personal Representative of the Estate of Pio Manuel Suarez, deceased, and on behalf of Ricardo Suarez, Leticia Suarez Serra, and Carlos Suarez ( Appellant ), pursuant to Fla. R. App. P , hereby files as supplemental authority, a true and correct copy of the circuit court s Order 1

2 Denying R.J. Reynolds Tobacco Co. s Joinder in Motion for Reconsideration of Philip Morris USA Inc. s Motion to Disqualify Paulo Lima and the Ferraro Law Firm, entered on February 14, 2017, in In re Engle Cases Tobacco Litig. (Pertains to George Ellis, as Personal Representative of Loretta M. Ellis), No. 10- CA (13th Jud. Cir.) (attached hereto as Exhibit A). Appellant submits this Order in further support of her Emergency Motion for Clarification of this Court s Order Denying Appellees Motion to Disqualify, filed December 8, As stated in Appellant s emergency motion, Appellees are now arguing, based on a Fourth District opinion in another case, that circuit courts throughout Florida are required to disqualify Mr. Lima and the Ferraro Firm from Engle progeny cases, notwithstanding this Court s repeated rejection of Defendants arguments. Defendants have noticed disqualification hearings in two such cases for March 7, 2017, and March 16, Dated: February 14, 2017 Respectfully submitted, By: /s/ Juan P. Bauta, II Juan P. Bauta, II Florida Bar No Janpaul Portal Florida Bar No Paulo R. Lima Florida Bar No THE FERRARO LAW FIRM, P.A. 600 Brickell Avenue, Suite 3800 Miami, Florida

3 Tel: (305) Fax: (305) Attorneys for Appellant/Cross-Appellee 3

4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed electronically through the e-dca portal and served via on this 14th day of February 2017 on counsel for the Appellees/Cross-Appellants at the addresses listed below: Counsel for R.J. Reynolds Tobacco Co. Benjamine Reid breid@cfjblaw.com Olga M. Vieira ovieira@cfjblaw.com Jeffrey A. Cohen jacohen@cfjblaw.com CARLTON FIELDS JORDEN BURT, P.A. Miami Tower, Suite S.E. 2nd St. Miami, FL Tel: (305) Fax: (305) miaecf@cfdom.net Christopher A. Kreiner ckreiner@wcsr.com WOMBLE CARLYLE SANDRIDGE & RICE One West Fourth Street Winston-Salem, NC Tel: (336) Fax: (336) Counsel for Philip Morris USA Inc. Geoffrey J. Michael geoffery.michael@aporter.com ARNOLD & PORTER LLP 601 Massachusetts Ave., NW Washington, D.C Tel: (202) Fax: (202) Hildy Sastre hsastre@shb.com Alexandra Bach Lagos alagos@shb.com Frank Cruz Alvarez falvarez@shb.com SHOOK, HARDY & BACON L.L.P. Miami Center, Suite Biscayne Blvd. Miami, FL Tel: (305) Fax: (305) SHBPMAttyMiami@shb.com Kristopher J. Verra kverra@shb.com SHOOK, HARDY & BACON L.L.P. 100 N. Tampa Street, Suite 2900 Tampa, FL

5 Tel: (813) Fax: (813) Peter M. Henk SHOOK, HARDY & BACON L.L.P. JPMorgan Chase Tower 600 Travis Street, Suite 3400 Houston, TX Tel: (713) Fax: (713) Michael Walden SHOOK, HARDY & BACON L.L.P Grand Boulevard Kansas City, MO Tel: (816) Fax: (816) Joseph M. Fasi II GONZALEZ SAGGIO & HARLAN LLP 255 Aragon Avenue, Third Floor Miami, FL Tel: (786) Fax: (305) /s/ Juan P. Bauta Counsel for Appellant/Cross-Appellee 5

6 Exhibit A

7 IN THE CIRCUIT COURT OF THE 13 TH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA IN RE ENGLE CASES TOBACCO LITIGATION Pertains to: GEORGE ELLIS, as Personal Representative of the ESTATE OF LORETTA M. ELLIS, deceased CASE NO.: 10-CA Division C ORDER DENYING R.J. REYNOLDS TOBACCO CO. S JOINDER IN MOTION FOR RECONSIDERATION OF COURT S DENIAL OF DEFENDANT PHILIP MORRIS USA INC. S MOTION TO DISQUALIFY PAULO LIMA AND THE FERRARO LAW FIRM This matter came before the Court on February 6, 2017, on Defendant R.J. Reynolds Tobacco Co. s Joinder in Motion for Reconsideration of the Court s Denial of Defendant Philip Morris USA Inc. s Motion to Disqualify Paulo Lima and The Ferraro Law Firm ( RJR Joinder ). The Court has reviewed (1) RJR s Joinder, filed December 8, 2016, (2) Philip Morris USA Inc. s Motion for Reconsideration of the Court s Denial of Defendants Motion to Disqualify Paulo Lima and The Ferraro Law Firm from Representing Plaintiffs ( PM USA Motion ) and (3) Plaintiff s Opposition filed February 1, The Court also has reviewed all affidavits and documentary evidence submitted by the Parties; has heard arguments of counsel during the hearing conducted on February 6, 2017; and has considered the applicable statutory and case law and rules of procedure. For the reasons set forth on the record during the hearing, it is hereby ORDERED and ADJUDGED as follows: 1. RJR s Joinder in PM USA s Motion for Reconsideration is DENIED.

8 2. PM USA s Motion for Reconsideration is DENIED as moot, as Plaintiff dismissed PM USA from this action with prejudice on December 8, ORDERED on. February Electronically Conformed 2/14/2017 HONORABLE ELIZABETH RICE CIRCTIY COURT JUDGE Conformed copies: All counsel of record