Agents Mutual Insurance Co. v. Benham (Majority)Annotate this Case
On interlocutory appeal, the Supreme Court remanded this matter involving the circuit court's grant of Plaintiff's motion for class certification and denying, in part, Defendant's objections and motion for protective order, holding that the circuit court's order granting class certification failed to comply with the mandatory requirements contained in Ark. R. Civ. P. 23(b).
The Supreme Court remanded the matter without addressing the merits of the class certification and, further, did not address Defendant's claim regarding the protective order. Specifically, the Court held (1) the circuit court's order did not comply with Rule 23(b)'s requirements to define the "class claims, issues or defenses"; and (2) because the order granting class certification failed to comply with Rule 23(b), the order was not a final, appealable order. The Court then remanded the matter with instructions to enter an order that complied with Rule 23.