Jett brought a lawsuit against several tobacco companies. The trial judge issued an order determining the parties’ respective burdens of proof, and defendants appealed, arguing that the order was final and reviewable by the Court. The Court dismissed the appeal, finding the trial court's order simply an evidentiary ruling and not a final appealable order.
Philip Morris Inc. v. Jett, 802 So. 2d 353 (Fla. Dist. Ct. App. 2001).
United States
Oct 10, 2001
District Court of Appeals of Florida, Third District
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Type of Tobacco Product
None
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"We do not reach the merits of either side's position as we conclude that the order is not at this time an appealable order. Defendants maintain that district courts routinely review orders interpreting settlement agreements and that the order at issue is reviewable either as a final order, a non final order entered after final judgment, or by way of writ of certiorari. We cannot agree."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Jett brought a lawsuit against several tobacco companies. The trial judge issued an order determining the parties’ respective burdens of proof, and defendants appealed, arguing that the order was final and reviewable by the Court. The Court dismissed the appeal, finding the trial court's order simply an evidentiary ruling and not a final appealable order.