Section 535

Citation: Section 535
Parent Document: Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/5445505/younker-v-investment-realty-inc/ ↗

Full Text

997 chars

In their briefs, Tenants and Property Owners address and discuss the relative merits of class certification and whether the class as proposed by Tenants meets the requirements under Rule 52.08. The trial court’s denial of class certification in this case, however, was not a reflection of the trial court’s decision on the merits of class certification. Rather, the trial court’s decision not to certify a class appears to flow from its recognition that if summary judgment was properly granted in favor of Property Owners, then no wrong can exist for which a class should be certified. Because we reverse the summary judgment decision for the reasons stated above, the denial of class certification erroneously premised upon that grant of summary judgment must also be reversed and the case remanded to the trial court for a Rule 52.08 merits-based decision on class certification in light of the mandatory requirements of section 535.300.3. Ruling on Statute of Limitations Remains Interlocutory

Other Sections in This Document (77)

Full Text