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POLARIS INDUSTRIES, INC. v. McDONALD

No. 12-01-00372-CV.

119 S.W.3d 331 (2003)

POLARIS INDUSTRIES, INC., and Randy Ballard d/b/a American Outdoor Power, Appellants, v. Larry McDONALD, Appellee.

Court of Appeals of Texas, Tyler.

August 13, 2003.

Attorney(s) appearing for the Case

Ken E. Carroll, Carrington, Coleman, Sloman & Blumenthal, L.L.P., Dallas, Timothy D. Kelly, Kelly & Berens, P.A., Minneapolis, MN, Thomas R. McLeroy Jr., for appellant.

Don Wheeler, Andy Tindel, Provost & Umphrey Law Firm, L.L.P., Tyler, J. Mark Mann, Wellborn, Houston, Adkison, Mann, Sadler & Hill, L.L.P., Henderson, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.

OPINION

SAM GRIFFITH, Justice.

Polaris Industries, Inc. and Randy Ballard d/b/a American Outdoor Power (sometimes collectively referred to as "Polaris") bring this interlocutory appeal from a class certification order in which the trial court certified a class premised upon breaches of the implied warranty of merchantability in the design of personal watercraft ("PWC" or "jet skis"). We reverse the trial court's judgment and dismiss for want of jurisdiction...

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