W.S. BADCOCK CORP. v. MYERS

Nos. 95-4648, 95-2592.

696 So.2d 776 (1996)

W.S. BADCOCK CORPORATION, a Florida Corporation, Appellant, v. Sherry A. MYERS and Betty Jones, individually and on behalf of a class of all others similarly situated, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 3, 1997.


Attorney(s) appearing for the Case

Marie Tomassi and John E. Johnson of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Tampa, for Appellant.

James B. Fensom and Benjamin W. Redding of Barron, Redding, Hughes, Fite, Bassett & Fensom, P.A.; Edward M. Price, Jr. of Farmer, Price, Hornsby & Weatherford, Dothan, AL, for Appellees.

John A. Rogers, Jr., Tallahassee, for Amicus Curiae Florida Retail Federation.


JOANOS, Judge.

W.S. Badcock Corporation (Badcock) appeals two trial court rulings in a lawsuit initiated by appellees, plaintiffs in the lower tribunal. In Case No. 95-2592, Badcock challenged a nonfinal order certifying the action as a class action under Rule 1.220(b)(2) of the Florida Rules of Civil Procedure. The questions raised in Case No. 95-2592 are (1) whether the claims asserted by plaintiffs are maintainable as a class action under the Florida Deceptive...

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