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WALL v. PARKWAY CHEVROLET, INC.

No. 01-03-00005-CV.

176 S.W.3d 98 (2004)

Carl WALL and Thomas E. Swaney, Individually and on Behalf of all Other Similarly Situated Consumers, Appellants, v. PARKWAY CHEVROLET, INC. and Mac Haik, G.P., LLC, d/b/a Mac Haik Ford, Appellees.

Court of Appeals of Texas, First District, Houston.

October 28, 2004.

Attorney(s) appearing for the Case

Curt M. Langley, H. Victor Thomas, Richard E. Griffin, Fred A. Simpson, Jackson Walker L.L.P., Houston, for Appellant.

Henry L. Robertson, Law Office of Henry L. Robertson, Philip S. Gordon, Heidi Ferenz, Gordon Law Firm, Robert L. Robertson, Houston, for Appellee.

Panel consists of Justices NUCHIA, JENNINGS, and KEYES.

OPINION

EVELYN V. KEYES, Justice.

This is an interlocutory appeal of the trial court's order denying certification of a class action1 pursuant to Rule 42 of the Texas Rules of Civil Procedure.2 In their sole issue, appellants Carl Wall and Thomas E. Swaney, individually and on behalf of all other similarly situated consumers (collectively, the buyers), contend that the trial court misapplied the law...

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