City of Fort Smith, Arkansas v. Jennifer Merriott

Summary

The court held that a defendant does not waive the right to compel pretrial class notice merely by moving for summary judgment before notice when the motion is denied and no merits judgment has been entered. Because the circuit court relied on an overbroad interpretation of the governing precedent, the order denying notice was reversed and the case was remanded. The court also concluded that an order concerning class notice was appealable under the applicable appellate jurisdiction rule.