Supreme Court of Florida _ No. SC12-2153 _ ELAINE HESS, etc., Petitioner, vs. PHILIP MORRIS USA, INC., Respondent. [April 2, 2015] QUINCE, J. Elaine Hess seeks review of the decision of the Fourth District Court of Appeal in Philip Morris USA, Inc. v. Hess, 95 So. 3d 254 (Fla. 4th DCA 2012), on the ground that it expressly and directly conflicts with the decision of the Third District Court of Appeal in Frazier v. Philip Morris USA Inc., 89 So. 3d 937 (Fla. 3d DCA 2012), approved, No. SC12-1401 (..