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COLE v. ECHEVARRIA, MCCALLA, RAYMER

Nos. 1D02-4746, 1D02-4982.

965 So.2d 1228 (2007)

Bradley COLE, individually and on behalf of all others similarly situated, Appellant, v. ECHEVARRIA, McCALLA, RAYMER, BARRETT & FRAPPIER, a Florida general partnership; Barrett, Daffin & Frappier, L.L.P., a foreign limited liability partnership; McCalla, Raymer, Padrick, Cobb, Nichols & Clark, L.L.C., a Georgia limited liability company engaging in the practice of law; Echevarria & Associates, P.A., a Florida corporation engaged in the practice of law; and Michael Echevarria, individually, Appellees.

District Court of Appeal of Florida, First District.

September 28, 2007.

Attorney(s) appearing for the Case

Thomas J. Guilday, Claude R. Walker and Shawn M. Heath of Huey, Guilday, Tucker, Schwartz & Williams, P.A., Tallahassee; M. Stephen Turner, Kelly Overstreet Johnson, David K. Miller, and Robert Witmeyer of Broad and Cassel, Tallahassee, for Appellant.

John Beranek of Ausley & McMullen, Tallahassee; Michael J. McGirney of Marshall, Dennehey, Warner, Coleman & Goggin, Tampa, for Appellees.

ON REMAND

PADOVANO, J.

This is an appeal from a class certification order in an action alleging violations of the Florida Consumer Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act. The plaintiffs are property owners who were in default on their mortgages, and the defendants are attorneys representing the mortgage holders. The essence of the complaint is that the defendants engaged...

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