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EQUITY RESIDENTIAL PROPERTIES v. YATES

Nos. 4D03-4571, 4D04-1844.

910 So.2d 401 (2005)

EQUITY RESIDENTIAL PROPERTIES TRUST, Equity Residential Properties Management Corp., Equity Residential Properties Management Corp. II, Equity Residential Properties Management Ltd., Equity Residential Properties Management Ltd. II and ERP Operating Limited Partnership, Appellants, v. Tammy YATES, Peter Miller, Maria L. Cruz and Jose Ortega as Class Representatives of those similarly situated, Appellees.

District Court of Appeal of Florida, Fourth District.

September 21, 2005.

Attorney(s) appearing for the Case

Thomas E. Warner, Joseph Ianno, Jr., and Michael K. Winston of Carlton Fields, P.A., West Palm Beach, and Craig M. White, Lucy C. Lisiecki and Richard J. Jancasz of Wildman, Harrold, Allen & Dixon LLP, Chicago, IL, for appellants.

Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., Theodore Babbitt and Joseph R. Johnson of Babbitt, Johnson, Osborne & LeClainche, and Rodney L. Tennyson, West Palm Beach, for appellees.

ON MOTION FOR REHEARING, REHEARING EN BANC & CERTIFICATION

STEVENSON, C.J.

We withdraw our prior opinion and substitute the following in its place, clarifying the nature of the trial court's order regarding the counterclaim; in all other respects the motion for rehearing, rehearing en banc and certification is denied.

Tammy Yates, Peter Miller, Maria Cruz, and Jose Ortega brought suit against their former landlord, the appellants in this...

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