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SOUTHEAST BANK, N.A. v. ALMEIDA

No. 96-1846.

693 So.2d 1015 (1997)

SOUTHEAST BANK, N.A., and First Union National Bank of Florida, Appellants, v. Alma ALMEIDA, Stanley Tashman, Namon Gilbert, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1997.

Attorney(s) appearing for the Case

Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., and Bradford Swing, and Mark P. Dikeman, Miami, for appellants.

Lyons & Farrar, P.A., and Douglas S. Lyons, and Marsha L. Lyons, Coral Gables, for appellees.

Before GERSTEN, GREEN and SHEVIN, JJ.

GREEN, Judge.

Southeast Bank, N.A. and its successor in interest, First Union National Bank of Florida (collectively "bank") appeal a non-final order granting appellees' motion for class certification in the action below. We reverse upon our holding that as a matter of law, this order violates Florida's long-standing fraud class action rule prohibiting fraud class action suits based upon separate agreements.

I

The case below was filed on September...

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