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VOLKSWAGEN OF AMERICA, INC. v. SUGARMAN

No. 3D04-1593.

909 So.2d 923 (2005)

VOLKSWAGEN OF AMERICA, INC. and South Motors of Dade County, Inc. d/b/a South Motors Volkswagen, Appellants, v. Carl M. SUGARMAN and Andrea Marks, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 26, 2005.

Attorney(s) appearing for the Case

Herzfeld & Rubin and Daniel V. Gsovski (New York, NY); Herzfeld & Rubin and Myron Shapiro and Bradley H. Trushin (Miami), for appellants.

Juan P. Bauta, Coral Gables, for appellees.

Before FLETCHER and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.

FLETCHER, Judge.

Volkswagen of America, Inc. [Volkswagen] and South Motors of Dade County, Inc. [South Motors] appeal a non-final order certifying a class action. We reverse.

Carl M. Sugarman and Andrea Marks sued Volkswagen and South Motors alleging that as a result of a design defect they suffered repeated damage to the front bumper assembly of their Volkswagen Jettas. Specifically, they contend that when a Jetta driver pulls completely into a parking space...

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