Staff Writer
Mills will handle appellate work
A group of attorneys seeks to end the special privilege awarded to tobacco companies by the Florida Legislature in 2003 that allows them to post a lesser bond than other private companies during the appellate process.
Jacksonville attorney John Mills, of the Mills Firm, is working with Mark Avera, Rod Smith and Dawn Marie Vallejos-Nichols of the Gainesville firm of Avera & Smith to get Section 569.23(3) of the Florida Statutes declared unconstitutional.
In most cases, civil defendants who appeal a judgment against them must follow Florida Appellate Law and post a bond equal to the amount of the judgment. The 2003 legislation made an exception for tobacco companies and capped the amount of money they have to post in the bond.
“Florida’s Constitution prohibits any law that grants privilege to a private corporation,” said Smith, “and this law passed in 2003 gives special privilege to four companies, a privilege not available to any citizen of Florida.”
The group has asked the court to find the law unconstitutional on the grounds that it grants a special privilege to private corporations and it also violates separation of powers because the legislative process interferes with the judicial process.
“We fully expect for this to find its way to the Florida Supreme Court,” said Avera. “We are prepared to see this through all the way to the U.S. Supreme Court if it continues.”
The motion stems from the case of Hall v. R.J. Reynolds, et al., filed in the Eighth Judicial Circuit in Alachua County in which Avera & Smith represented Amanda Jean Hall, whose husband Arthur was diagnosed with small cell carcinoma after being a lifelong smoker, said Avera.
Arthur was 57 when he died.
The jury found that Arthur Hall was 35 percent responsible for his death because of the choices he made and found R.J. Reynolds, et al., 65 percent responsible because of choices they made in producing their product.
The court awarded Amanda Jean Hall $15.25 million, but R.J. Reynolds is appealing the decision. Under normal circumstances, the company would be required to post a $17.64 million bond, the awarded amount plus interest, but, because it is a tobacco company, R.J. Reynolds has posted a $5 million bond, according to Mills.
“Ordinarily, when the jury returns its verdict and the judge decides the verdict is correct and enters a judgment, the plaintiff is entitled to start collecting the money,” said Mills. “If the defendant wants to avoid paying out the money, the law requires that they post a security so that the plaintiff knows that after the long appeal process the money is going to be there.”
With recent financial history in mind, the legal team is afraid of allowing private companies the freedom to use the money that they would normally have tied up in a bond.
“One word, Enron,” said Mills. “We used to think that we didn’t need to worry about these blue-chip companies. If the last 20 years, or the last five years, have taught us anything, it’s that no one is safe.”
Mills experienced a corporate reshuffling himself recently as he amicably parted ways with Mills, Creed & Gowdy to open his own practice, The Mills Firm. He didn’t feel that the smaller staff would affect the appeals.
“I’ve lightened my case load and I’m solely focused on the case,” said Mills.
The group expects the appeal process to last at least two years.
356-2466