Third District Court of Appeal at 2001 SW 117th Ave., in Miami. Photo: J. Albert Diaz/ALM
A quibble over who qualifies to bring an Engle progeny tobacco lawsuit has been settled following an appellate court ruling.
In an opinion authored by Judge Richard J. Suarez and dated Sept. 12, the Third District Court of Appeal ruled that a smoker does not need to be both a Florida citizen and resident to qualify as an Engle class member. Rather, being a citizen or a resident of Florida at the time their smoking-related disease first manifested or was diagnosed — prior to the Engle class membership cutoff date of Nov. 21, 1996 — is sufficient.
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