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DAUGHETY v. NAT. ASS'N OF HOMEBUILDERS OF U.S.

No. 05-97-00964-CV.

970 S.W.2d 178 (1998)

Michael J. DAUGHETY, et al., Appellants, v. NATIONAL ASSOCIATION OF HOMEBUILDERS OF THE UNITED STATES, et al., Appellees.

Court of Appeals of Texas, Dallas.

May 21, 1998.

Attorney(s) appearing for the Case

Byron L. Woolley, Simpson, Woolley & McConachie, L.L.P., Dallas, Evan Lane (Van) Shaw, Shaw & Lemon, Dallas, for Appellants.

James Kennedy Taylor, Beck Redden Secrest, Houston, Charles F. Holmans, III, Law Offices of Charles F. Holmans, III, Dallas, Robb L. Voyles, Baker & Botts, LLP, Austin, Janice Vaughn Mock, Dallas, David C. Myers, Jackson & Walker, Dallas, John A. Gilliam, Jenkins & Gilchrist, Dallas, Howard L. Nations, Law Offices of Howard L. Nations, Houston, Randolph N. Wisener, Cantilo, Maisel & Hubbard, Dallas, George Walter Bramblett, Jr., Haynes & Boone, LLP, Dallas, J. Crawford Kerr, El Paso, Michael P. Falzone, Hirschler, Fleischler, Weinber, Cox & Allen, Richmond, VA, Arnold Augur Spencer, Dallas, for Appellees.

Before KINKEADE, MORRIS and BRIDGES, JJ.

OPINION

BRIDGES, Justice.

In this appeal, we must decide whether the trial court abused its discretion in refusing to certify a nationwide class of at least 1.5 million current and former owners of Home Owners Warranty (HOW) insurance policies. Because appellants never requested the trial court to certify the specific class it now contends should have been certified, we conclude no abuse of discretion is shown. Accordingly, we affirm the trial court's order...

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