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DORAN v. CLUBCORP USA, INC.

No. 05-04-01198-CV.

174 S.W.3d 883 (2005)

Jim DORAN and Sami Constantine, M.D., Individually and On Behalf of the Putative Class of Persons and/or entities similarly situated, Appellants, v. CLUBCORP USA, INC. and University Club of Dallas, Inc., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 4, 2005.

Attorney(s) appearing for the Case

Eric Gordon Walraven, Godwin Gruber, P.C., Michael Gruber, Brian N. Hail, Daon M. Ward, Godwin Gruber, LLP, Dallas, for Appellants.

Jim (James) Jordan, LaDawn H. Conway, Munsch, Hardt Kopf & Harr P.C., Dallas, for Appellees.

Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.

OPINION

Opinion by Justice MOSELEY.

Jim Doran and Sami Constantine, M.D., appeal the denial of their motion for class certification in this lawsuit seeking to recover initiation deposits in a fitness club after the club closed. In two issues, Doran and Constantine assert the trial court abused its discretion by denying class certification. We affirm the trial court's order.

BACKGROUND

The University Club of Dallas, Inc., a subsidiary of...

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