United Propane Gas, Inc. v. Purcell

OPINION

JONES, JUDGE:

The Appellant, United Propane Gas, Inc. (“United Propane”), brings this interlocutory appeal pursuant to CR123.06 and CR 73 to challenge an order of the McCracken Circuit Court certifying a class action consisting of all residential customers who paid for a 2013-2014 “Pre-Purchase Pre-Buy Keepfull Gas Supply Agreement” (the “Agreement”) from United Propane. United Propane asserts that the circuit court’s class certification is deficient under CR 23.01, CR 23.02, and CR 23.03. We agree.

The circuit court failed to make the findings required to certify a class and its order…