TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 $(Fla. 2006$)) and failed to file a wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, the First District Florida Court of Appeal held Dec. 31, affirming the trial court (Wilmer P. Gaff v. R.J. Reynolds Tobacco Company, et al., No. 1D12-1874, Fla. App., 1st Dist.; 2013 Fla. App. LEXIS 20737).