HOTELS.COM, L.P. v. CANALES

No. 04-05-00315-CV.

195 S.W.3d 147 (2006)

HOTELS.COM, L.P., Appellant, v. Mary CANALES, Individually and on Behalf of Others Similarly Situated, Appellees.

Court of Appeals of Texas, San Antonio.

February 1, 2006.


Attorney(s) appearing for the Case

Baldemar Garza, Minerva Garza, Law Office of Baldemar Garza, Rio Grande City, James P. Karen, David L. Horan, Tamara Marinkovic, Dallas, for appellant.

Austin Tighe, Vic Feazell, Feazell & Tighe, L.L.P., Austin, Bryan K. Harris, Harris Mejia, L.L.P., Corpus Christi, Thomas E. Bilek, Hoeffner & Bilek, L.L.P., Houston, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.


OPINION

Opinion by REBECCA SIMMONS, Justice.

This is an appeal from a trial court's certification of a class action. Appellant Hotels.com brings two major points of error: first, the trial court lacked subject matter jurisdiction because the state comptroller maintains exclusive jurisdiction over the matters raised; and second, the trial court improperly certified the cause of action as a class action under TEX.R. CIV. P. 42(a) and 42(b). We hold that, although...

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