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NORTH AMERICAN MORTG. CO. v. O'HARA

No. 02-1050.

153 S.W.3d 43 (2004)

NORTH AMERICAN MORTGAGE CO., Petitioner, v. Donald Lee O'HARA, Jr., et al., Respondents.

Supreme Court of Texas.

December 17, 2004.

Attorney(s) appearing for the Case

R. Brian Craft, Tracy Crawford, Ramey & Flock, Tyler, Gregory D. Smith, R. Bruce Allensworth, Irene C. Freidel, Kirkpatrick & Lockhart LLP, Boston, MA, for petitioner.

Karen Debiasse Bishop, Bishop & Bishop, Gilmer, Mark C. Brodeur, Brodeur & Evans, Dallas, Mike C. Miller, Marshall, Jonathan R. Moothart, Bowerman, Bowden & Moothart, P.C., Traverse City, MI, for respondents.

PER CURIAM.

The court of appeals ordered the trial court to certify a class and prepare a trial plan.1 We hold that it was error to order the class certified before a trial plan was prepared. We therefore reverse in part and remand to the trial court.

This is the second appeal in this case. For context, we must briefly summarize its entire procedural history.

North American Mortgage Co. made a mortgage loan to Donald Lee...

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