Supreme Court of Alabama, 2001

Colonial Bank of Alabama v. McCaffery

Colonial Bank of Alabama v. McCaffery
Supreme Court of Alabama · Decided December 28, 2001 · Harwood, Moore, Houston, See, Lyons, Brown, Woodall, Stuart, Johnstone
825 So. 2d 746; 2001 Ala. LEXIS 478; 2001 WL 1658304 (Southern Reporter, Second Series)

Colonial Bank of Alabama v. McCaffery

Opinion of the Court

HARWOOD, Justice.

Colonial Bank of Alabama (“Colonial”) appeals from an order of the trial court certifying a class action pursuant to Rule 23(b)(2) and (b)(3), Ala. R. Civ. P., alleging breach of contract. The putative members of the class are present and former customers of Colonial. The facts and issues in this case are substantially the same as the facts and issues concerning the certification of the class of breach-of-contract claimants before this Court in the case of Compass Bank v. Snow, 825 So.2d 667 (Ala. 2001). For the reasons stated in Compass Bank v. Snow, we vacate the class-certification order in this case and remand the cause for further proceedings.

ORDER VACATED AND CAUSE REMANDED.

MOORE, C.J., and HOUSTON, SEE, LYONS, BROWN, WOODALL, and STUART, JJ., concur. JOHNSTONE, J., recuses himself.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.