South Trust Bank of Alabama, N.A. v. Crawford

Supreme Court of Alabama August 4, 1995

South Trust Bank of Alabama, N.A. v. Crawford, 667 So. 2d 71 (Ala. 1995)

1995 Ala. LEXIS 325; 1995 WL 459133

Shores, Kennedy, Ingram, Cook, Houston

Concurring Opinion

HOUSTON, Justice

(concurring specially).

In my opinion, a hearing is required under Rule 23(c), Ala.R.Civ.P., before a class action lawsuit can be dismissed, if the class has been certified or if there has been a denial of class certification on some ground other than inadequate representation by the named plaintiff or plaintiffs. Ex parte First National Bank of Jasper, [Ms. 1940233, December 29, 1995] — So.2d - (Ala. 1995) (Houston, J., concurring specially).

Opinion of the Court

SHORES, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala.R.App.P.

KENNEDY, INGRAM, and COOK, JJ., concur. HOUSTON, J., concurs specially.

Reference

Full Case Name: Southtrust Bank of Alabama, N.A. v. Resker Earl Crawford. Gulf Life Insurance Company v. Resker Earl Crawford.
Status: Published