SERBIO v. METAIRIE CORPORATION

No. A-2114-08T2.

ROSEANN K. SERBIO, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. METAIRIE CORPORATION, a New Jersey Corporation, LEGENDS MANAGEMENT COMPANY, L.L.C., a New Jersey Limited Liability Company, PAFLA CONSULTING, INC., a Florida Corporation, HILLEL MEYERS, SEYMOUR SVIRSKY, H. ALBERT WARRINGTON, BEATRICE VAN ETTEN, LEGENDS RESORT AND COUNTRY CLUB CONDOMINIUM ASSOCIATION, a New Jersey Corporation, LEGENDS RESORT AND COUNTRY CLUB INTERVAL ASSOCIATION, a New Jersey Corporation, LEGENDS RESORT REALTY, INC., a New Jersey Corporation, and STAR ISLAND MANAGEMENT CORP., a Florida Corporation, Defendants-Respondents. HILLEL MEYERS, METAIRIE CORPORATION, LEGENDS MANAGEMENT CO., AL WARRINGTON, and BEATRICE VAN ETTEN, Third-Party Plaintiffs, v. KEVIN NEWMAN and SHINNIHON CO. U.S.A. LTD., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 10, 2009.


Attorney(s) appearing for the Case

McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for appellant (Thomas P. Scrivo, of counsel; Mr. Scrivo, Joshua Zielinski and Ryan P. Mulvaney, on the brief).

Edward A. Stein and Ben H. Harris, III (Jones Walker, LLP) of the Alabama bar, admitted pro hac vice, attorneys for respondents Metairie Corporation, Legends Management Company, L.L.C., PAFLA Consulting, Inc., Hillel Meyers, H. Albert Warrington, Beatrice Van Etten, Legends Resort and Country Club Condominium Association, Legends Resort and Country Club Interval Association, Legends Resort Realty, Inc. and Star Island Management Corp. (Mr. Stein and Mr. Harris, on the brief).

Before Judges Fisher and Grall.


PER CURIAM.

By motion, defendants seek dismissal of plaintiff's appeal. The appeal seeks our review of an interlocutory order that denied class certification. In earlier proceedings, we denied leave to appeal that order, as did the Supreme Court. The parties thereafter stipulated to the action's dismissal with prejudice and plaintiff again sought review of the order denying class certification, this time by filing a notice of appeal. Arguing that the stipulation moots...

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