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TWIGG v. SEARS, ROEBUCK & CO.

Nos. 96-3749, 98-2259.

153 F.3d 1222 (1998)

Kevin TWIGG, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. SEARS, ROEBUCK & CO., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 4, 1998.

Attorney(s) appearing for the Case

Guy M. Burns, Frank Jakes, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, FL, for Plaintiff-Appellant.

Steven F. Molo, Stephen V. D'Amore, Bradley C. Graveline, Thomas J. Wiegand, Christopher M. Nolan, Winston & Strawn, Chicago, IL, Daniel F. Molony, James B. Murphy, Jr., Jonathan S. Gilbert, Thomas C. MacDonald, Tampa, FL, Richard M. Zabak, Shackleford, Farrior, Stallings & Evans, P.A., Tampa, FL, for Sears, Roebuck & Co.

Jeremy Denton Dowell, Medina, Pitisci & Dowell, Tampa, FL, for Kerry Marler.

James Maxwell Landis, Foley & Lardner, Tampa, FL, for Excal Enterprises, Inc.

Before TJOFLAT, COX and HULL, Circuit Judges.

COX, Circuit Judge:

Kevin Twigg appeals the district court's grant of summary judgment in favor of Sears, Roebuck & Company on the ground that Twigg's claims were precluded by a judgment in an earlier class action against Sears. We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

A. Twigg's Suit

Twigg filed a complaint in the Middle District of Florida that asserts claims arising out of his purchase of four new tires from...

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