Florida Appeals Court: Engle Opt Out Does Not Enjoy Class Tolling

Florida Appeals Court: Engle Opt Out Does Not Enjoy Class Tolling

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 [Fla. 2006]) and failed to file her wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, Florida's First District Court of Appeal said Dec. 31 (Lucy Roughton, as Personal Representative of the Estate of Daniel Dean Roughton v. R. J. Reynolds Tobacco Company, et al., No. 1D12-2848, Fla. App., 1st Dist.; 2013 Fla. App. LEXIS 20727).

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