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Guttman v. Spunkmeyer

Court of Appeals of Ohio, Twelfth District, Butler County
Dec 3, 2001
Case No. CA2001-04-081 (Accelerated Calendar) (Ohio Ct. App. Dec. 3, 2001)

Opinion

Case No. CA2001-04-081 (Accelerated Calendar).

December 3, 2001.


JUDGMENT ENTRY


This cause is an accelerated appeal of a Butler County Court of Common Pleas decision granting appellee's motion to certify its action as a class action.

Pursuant to Loc.R. 6(A), we have sua sponte assigned this appeal to the accelerated calendar.

In the first and second assignments of error appellant argues that the trial court erred by certifying this action as a class action. A trial court has broad discretion in determining whether an action should be certified as a class action, and this determination will not be disturbed absent an abuse of discretion. Planned Parenthood Assoc. of Cincinnati, Inc. v. Project Jericho (1990), 52 Ohio St.3d 56, 62. We find that the trial court did not abuse its discretion in certifying appellee's class action. See Lowe v. Sun Refining Marketing Co. (1992), 73 Ohio App.3d 563. Therefore, the assignments of error are overruled. Judgment affirmed.

Pursuant to App.R. 11.1(E), this entry shall not be relied upon as authority and will not be published in any form. A certified copy of this judgment entry shall constitute the mandate pursuant to App.R. 27.

Costs to be taxed in compliance with App.R. 24.

ANTHONY VALEN and STEPHEN W. POWELL, concur.


Summaries of

Guttman v. Spunkmeyer

Court of Appeals of Ohio, Twelfth District, Butler County
Dec 3, 2001
Case No. CA2001-04-081 (Accelerated Calendar) (Ohio Ct. App. Dec. 3, 2001)
Case details for

Guttman v. Spunkmeyer

Case Details

Full title:Jack Guttman, Inc., d.b.a. Bakery Crafts, Plaintiff-Appellee, v. Otis…

Court:Court of Appeals of Ohio, Twelfth District, Butler County

Date published: Dec 3, 2001

Citations

Case No. CA2001-04-081 (Accelerated Calendar) (Ohio Ct. App. Dec. 3, 2001)