Levine v. Empire Savings & Loan Association

Petitioners (Levine, et al.) seek review of a court of appeals opinion dismissing their appeal from the trial court’s order dismissing their class action. We reverse the court of appeals.

Petitioners, on behalf of themselves and others similarly situated, filed a class action pursuant to C.R.C.P. 23. Upon the motion of respondents, defendants below, the trial court dismissed the class action allegations of the complaint. Petitioners filed their notice of appeal, and after-wards obtained an order for the entry of a final judgment pursuant to C.R.C.P. 54(b) nunc pro tunc to the date of the…