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FIDELITY AND GUAR. LIFE INS. CO. v. PINA

No. 13-04-008-CV.

165 S.W.3d 416 (2005)

FIDELITY AND GUARANTY LIFE INSURANCE COMPANY, Appellant, v. Rebecca PINA, Francisca Morales and Rosa G. Cortez, Appellees.

Court of Appeals of Texas, Corpus Christi-Edinburg.

Rehearing Overruled July 14, 2005.

Attorney(s) appearing for the Case

Jaime Saenz, Brownsville, L. Joseph Loveland, Atlanta, GA, Michael W. Youtt, Kevin D. Mohr, Houston, for Appellant.

G. Wade Caldwell, Martin, Drought & Torres, Inc., Cori R. Conner, San Antonio, David N. Calvillo, McAllen, for Appellee.

Before Chief Justice VALDEZ and Justices CASTILLO and GARZA.

OPINION

Opinion by Chief Justice VALDEZ.

Appellant, Fidelity and Guaranty Life Insurance Company ("F & G"), brings this interlocutory appeal from an order of the trial court certifying a class action in a consumer fraud case. Because appellees, Rebecca Pina, Francisca Morales, and Rosa G. Cortez, have failed to provide evidence of class-wide reliance on F & G's misrepresentation regarding the characteristics of its annuities, we reverse and remand...

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