Linda Bradbury v. State Industries, Inc.

Linda Bradbury v. State Industries, Inc., et al.






IN THE

TENTH COURT OF APPEALS


No. 10-00-274-CV


     LINDA BRADBURY,

                                                                         Appellant

     v.


     STATE INDUSTRIES, INC., ET AL.,

                                                                         Appellees


From the 18th District Court

Johnson County, Texas

Trial Court # 241-98

                                                                                                                                                                                                                          

O P I N I O N

                                                                                                                

      This is an appeal from an order approving the settlement of a class action. Linda Bradbury, a member of the class, intervened in the proceedings and objected to the settlement. She appealed to this court after the trial court overruled her objections and rendered a final order approving the settlement proposed by the class counsel and defendant. In a separate opinion issued today, we have reversed the trial court’s order certifying the class on which the settlement is based. State Industries, Inc. v. Fain, No. 10-99-145-CV (Tex. App.—Waco, November 29, 2000, no pet. h.). Because there is no longer a viable class underlying the settlement approved by the trial court, the order subject to this appeal cannot stand. See General Motors Corp. v. Bloyed, 916 S.W.2d 949, 955 (Tex. 1996) (holding that “a trial court [must] independently determine that the requirements of Rule 42 have been scrupulously met, in their entirety, before approving any class action settlement”).

      Therefore, we vacate the trial court’s order approving the class settlement proposed by the parties and dismiss the parties’ Joint Motion for Final Order Approving Class Action Settlement. Tex. R. App. P. 43.2(e).

 

                                                                                 BILL VANCE

                                                                                 Justice


Before Chief Justice Davis

          Justice Vance, and

          Justice Gray

Vacated and motion dismissed

Opinion delivered and filed November 29, 2000

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