Supreme Court of Alabama, 1995

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

South Trust Bank of Alabama, N.A. v. Crawford
Supreme Court of Alabama · Decided August 4, 1995 · Shores, Kennedy, Ingram, Cook, Houston
667 So. 2d 71; 1995 Ala. LEXIS 325; 1995 WL 459133 (Southern Reporter, Second Series)

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

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.

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