Upon review of the response to this Courts Order to Show Cause dated December 13, 2021, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeals decision in this case is quashed, and this matter is remanded to the district court for reconsideration upon application of our decision in Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021).
Respondents Motion for Attorneys’ Fees is hereby denied.
No motion for rehearing will be entertained by the Court.
While I maintain my dissent in Sheffield v. R.J. Reynolds Tobacco Co., 329 So. 3d 114 (Fla. 2021), because Mattson is not the prevailing party in this case, I agree that she is not entitled to appellate attorneys’ fees pursuant to section 768.79, Florida Statutes (2016).
CANADY, C.J., and POLSTON, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.
LABARGA, J., concurs in part and dissents in part with an opinion.