A court’s order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed within 42 days of the order certifying or refusing to certify the class. The filing of such appeal, the failure to file an appeal, or the affirmance of the certification or denial order shall in no way affect the right of any party, after the entry of final judgement, to appeal the earlier certification of, or refusal to certify, the class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall be based upon the record at the time of final judgment and shall be considered by the court only to the extent that either the facts or controlling law relevant to certification have changed from that which existed or controlled at the time of the earlier certification or refusal to certify. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects. Following adjudication on appeal (or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Alabama), if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial court shall proceed with adjudication on the merits, except that the trial court shall at all times prior to entry of a final order retain jurisdiction to revisit the certification issues upon motion of a party and to order decertification of the class if during the litigation of the case it shall become evident to the court that the action is no longer reasonably maintainable as a class action pursuant to the factors enumerated in Ala.R.Civ.P. 23(b).
(Act 99-250, p. 329, §3.)
Notes of Decisions
Alfa Life Ins. Corp. v. Johnson, 822 So. 2d 400 (Ala. 2001).
· cites it 2× “The defendant, Alfa Life Insurance Corporation ("Alfa"), appeals pursuant to § 6-5-642, Ala.Code 1975. We vacate the trial court's class-certification order and remand the case for further proceedings consistent with this opinion.”
Pharmacia Corp. v. Suggs, 932 So. 2d 95 (Ala. 2005).
· cites it 2× “Ala.Code 1975, § 6-5-642. Despite the fact that the Suggses filed with their complaint their "motion for scheduling conference regarding class certification issues," such a conference being mandated by § 6-5-641(b), and despite the fact that § 6-5-641(d) requires the court to…”
Reynolds Metals Co. v. Hill, 825 So. 2d 100 (Ala. 2002).
“Reynolds appeals pursuant to § 6-5-642, Ala.Code 1975, authorizing an immediate appeal of a certification order.”
Barnhart v. Ingalls, 275 So. 3d 1112 (Ala. 2018).
· cites it 4× “*1120 The named plaintiffs, however, argue that the Commission officers' reliance on Ex parte Green Tree is misguided because, in 1999, the legislature enacted § 6-5-642, Ala. Code 1975, which provides that "[a] court's order certifying a class or refusing to certify a class…”
Salmonsen v. CGD, INC., 661 S.E.2d 81 (S.C. 2008).
· cites it 2× “, Ala.Code § 6-5-642 (2005) (Alabama); Ark.”
Gen. Motors Acceptance Corp. v. Dubose, 834 So. 2d 67 (Ala. 2002).
· cites it 2× “, and General Motors Acceptance Corporation ("GMAC") appeal the trial court's certification of two classes of plaintiffs in a class action, pursuant *68 to the provisions of § 6-5-642, Ala. Code 1975. [1] One issue is presented on appeal: Did the trial judge abuse his discretion…”
Voyager Ins. Companies v. Whitson, 867 So. 2d 1065 (Ala. 2003).
“" Voyager appeals pursuant to § 6-5-642, Ala.Code 1975, authorizing an immediate appeal of a class-certification order.”
U-Haul Co. of Alabama, Inc. v. Johnson, 893 So. 2d 307 (Ala. 2004).
“" The U-Haul defendants appeal pursuant to § 6-5-642, Ala.Code 1975, authorizing an immediate appeal of a class-certification order.”
Mayflower Nat. Life Ins. Co. v. Thomas, 894 So. 2d 637 (Ala. 2004).
· cites it 2× “Heard and Mayflower, relying on § 6-5-642, Ala.Code 1975, then appealed to this Court, arguing that the trial court failed to conduct the rigorous analysis required by § 6-5-641, Ala.”
Allstate Ins. Co. v. Ware, 824 So. 2d 739 (Ala. 2002).
“Pursuant to § 6-5-642, Ala.Code 1975, Allstate Insurance Company, Allstate Indemnity Company, and Donald O.”
John Lauriello v. CVS Caremark Corp., 175 So. 3d 596 (Ala. 2014).
“See § 6-5-642, Ala.Code 1975 (“A court’s order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action.”
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