MITCHELL v. H & R BLOCK, INC.

1971582.

783 So.2d 812 (2000)

Levon MITCHELL and Geral Mitchell v. H & R BLOCK, INC., and Ruth Wren.

Supreme Court of Alabama.

November 17, 2000.


Attorney(s) appearing for the Case

Steven A. Martino of Jackson, Taylor & Martino, P.C., Mobile, for appellants.

A. Inge Selden III, Stephen C. Jackson, and Carl S. Burkhalter of Maynard, Cooper & Gale, P.C., Birmingham; and Warren C. Herlong, Jr., of Helmsing, Sims & Leach, P.C., Mobile, for appellees.


ENGLAND, Justice.

The plaintiffs appeal from the trial court's order denying a class certification. They argue that the trial court abused its discretion in denying the certification. Because the trial court incorrectly adjudicated an issue of law in its analysis done pursuant to Rule 23(b)(3), Ala. R. Civ. P., and because it provided no analysis whatever under Rule 23(a), we reverse the order and remand.

The Mitchells sued H & R Block, Inc., and Ruth...

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