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R.J. REYNOLDS TOBACCO COMPANY, Appellant, v. Joan SCHOEFF, as Personal Representative of the Estate of James Edward Schoeff, deceased, Appellee.

District Court of Appeal of Florida, Fourth District2018-02-14No. No. 4D13–1765
237 So. 3d 477

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Opinion

majority opinion

DAMOORGIAN, J.

This matter is before us on remand from the Supreme Court of Florida following its decision in Schoeff v. R.J. Reynolds Tobacco Co. , 232 So.3d 294 (Fla. Dec. 14, 2017), quashing our decision in R.J. Reynolds Tobacco Co. v. Schoeff , 178 So.3d 487 (Fla. 4th DCA 2015). In accordance with the supreme courts mandate, we reverse the final judgment and, on remand, direct the trial court to vacate its order reducing the jurys compensatory damage award by Mr. Schoeffs comparative fault before entering a new final judgment. Reversed and remanded.

Taylor and May, JJ., concur.