HOECHST CELANESE CORP. v. FRY

Nos. 96-1211, 96-1215.

693 So.2d 1003 (1997)

HOECHST CELANESE CORPORATION, and Shell Oil Company d/b/a Shell Chemical Company, Appellants, v. Robert FRY, Gerald Garske, Edwin Kasanders, Jr., Edwin Kasanders, III, Mill Dam Development Corporation, Ralph Rudolph and Johnnie Voorhees, on behalf of themselves and all others similarly situated, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1997.


Attorney(s) appearing for the Case

Aragon, Burlington, Weil & Crockett, P.A., Rudolph F. Aragon and Kevin C. Kaplan, Miami; Kasowitz, Benson, Torres & Friedman, L.L.P., Hector Torres, Paul M. O'Connor, III, and Barry M. Kazan, New York City, for appellant, Hoechst Celanese Corporation.

Holland & Knight, Daniel S. Pearson, James M. Porter, D. Bruce Hoffman, and Lucinda A. Hofmann, Miami, for appellant, Shell Oil Company.

Shutts & Bowen, Richard M. Leslie, Maxine M. Long, and Rene J. Gonzalez-Llorens, Miami; Hicks & MacQuarrie, and Christopher J. MacQuarrie, Ocala, for appellees.

Before NESBITT, GODERICH and GREEN, JJ.


GREEN, Judge.

Shell Oil Company ("Shell") and Hoechst Celanese Corporation ("HCC") appeal a non-final order granting class certification in the cause below. We do not reach the asserted challenges to this order based upon our independent determination from the record that the trial court lacked jurisdiction to enter this order in the first instance. We therefore vacate the order under review and dismiss the cause below.

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