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LINCOLN PROPERTY CO. v. KONDOS

No. 05-01-01228-CV.

110 S.W.3d 712 (2003)

LINCOLN PROPERTY COMPANY, Lincoln Eastern Management Corporation, as General Partner of EQR Lincoln, Ltd., Appellants, v. Carol KONDOS, Carol Chapman Kondos, P.C. d/b/a Kondos & Kondos, all individually and on behalf of all others similarly situated, Appellees.

Court of Appeals of Texas, Dallas.

July 22, 2003.

Attorney(s) appearing for the Case

Debra Janece McComas, Dallas, for Appellants.

Keith M. Jensen, Law Office of Keith M. Jensen, P.C., John W. MacPete, MacPete Law Firm, Fort Worth, for Appellees.

Before Justices MOSELEY, BRIDGES, and LAGARDE.

OPINION

Opinion By Justice MOSELEY.

This case is an interlocutory appeal of an order granting class certification. See Tex. Civ. Prac. & Rem.Code Ann. § 51.014(a)(3) (Vernon Supp.2003). However, while the interlocutory appeal was pending and despite the express statutory provision that such an appeal "shall have the effect of staying the commencement of a trial in the trial court pending resolution of the appeal," see id. § 51...

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