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FEDERATED DEPT. STORES, INC. v. PASCO

Nos. 72-491, 72-495, 72-492, 72-496, 72-493, 72-497, 72-494, 72-509, 72-503, 72-506, 72-525.

275 So.2d 46 (1973)

FEDERATED DEPT. STORES, INC., D/B/a Burdine's Appellant, v. Charles PASCO et al., Appellees. SEARS, ROEBUCK AND CO., Appellant, v. William M. HICKS et al., Appellees. CITY STORES CO., D/B/a Richards, Appellant, v. Ann UNGER et al., Appellees. BYRONS DEPARTMENT STORE, INC., D/B/a Jackson Byrons, Inc., Appellant, v. Ann BROCKINGTON et al., Appellees. JORDAN MARSH COMPANY, a Florida Corporation, Appellant, v. Shirley R. WILLIAMS et al., Appellees. The FIRESTONE TIRE AND RUBBER COMPANY, Appellant, v. Alberto PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

March 20, 1973.

Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and Woodrow M. Melvin, Jr. and George W. Wright, Jr., Miami, for Sears, Roebuck & Co., Federated Department Stores, d/b/a Burdine's and City Stores Co., d/b/a Richards.

Adams, George & Wood, Miami, Shackleford, Farrior, Stallings & Evans, Tampa, for Byrons Department Stores.

McCarthy, Steel, Hector & Davis, Miami, for Jordan Marsh Co.

Preddy, Haddad, Kutner & Hardy, Horton, Schwartz & Perse, Miami, for Firestone Tire and Rubber Co.

Colson & Hicks, Podhurst, Orseck & Parks, Miami, for appellees.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PEARSON, Judge.

These consolidated interlocutory appeals and petitions for certiorari are brought by the defendants. They seek review of the orders of the trial court which denied the defendants' motions to dismiss plaintiffs' complaints and the orders denying defendants' motions for summary judgment. The common questions presented are: (1) Did the trial court err in holding that plaintiffs' suits were properly brought as class actions? (2) Is the "previous balance...

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