Colonial Bank of Alabama v. McCaffery

Supreme Court of Alabama

Colonial Bank of Alabama v. McCaffery

825 So. 2d 746, 2001 Ala. LEXIS 478, 2001 WL 1658304

CourtSupreme Court of Alabama

DecidedDecember 28, 2001

Docket1000733

StatusPublished

This text of 825 So. 2d 746 (Colonial Bank of Alabama v. McCaffery) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Colonial Bank of Alabama v. McCaffery, 825 So. 2d 746, 2001 Ala. LEXIS 478, 2001 WL 1658304 (Ala. 2001).

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Opinion

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.

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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.

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825 So. 2d 746, 2001 Ala. LEXIS 478, 2001 WL 1658304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colonial-bank-of-alabama-v-mccaffery-ala-2001.

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