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PINNACLE REALTY MANAGEMENT CO. v. KONDOS

No. 05-03-00559-CV.

130 S.W.3d 292 (2004)

PINNACLE REALTY MANAGEMENT COMPANY, Appellant, v. Carol KONDOS & Carol Chapman Kondos, P.C., both Individually, and on behalf of all others similarly situated, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled April 14, 2004.

Attorney(s) appearing for the Case

Linda M. Szuhy, A. Scott Campbell, Leah M. Ballard, Touchstone, Bernays, Johnston, Beall, Smith, Dallas, for Appellant.

Keith M. Jensen, Gary W. Sibley, John W. MacPete, Law Office of Keith M. Jensen, P.C., Fort Worth, for Appellee.

Before Justices WHITTINGTON, WRIGHT, and BRIDGES.

OPINION

Opinion by Justice WRIGHT.

Pinnacle Realty Management Company appeals the trial court's order certifying a class action. In three issues, Pinnacle asserts (1) the class representatives lack standing, (2) the certification requirements of rule 42 of the Texas Rules of Civil Procedure have not been met, and (3) the class definition is fatally flawed. We sustain Pinnacle's third issue and remand this case to the trial court for further proceedings....

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