Butler v. Audio/Video Affiliates, Inc.

The plaintiffs appeal from the trial court's order denying class certification.

Allan and Joan Butler sued Audio/Video Affiliates, Inc.; Rex Television and Appliance Centers, Inc.; and Dennis Fuqua, alleging that those defendants had engaged in a systematic and pervasive "bait and switch" consumer fraud. The Butlers filed a motion for class certification, which the trial court denied after holding a two-day evidentiary hearing. The trial court later amended its order denying class certification, purporting to make that order final pursuant to Rule 54(b) Ala.R.Civ.P. The Butlers appeal.

Although…