Bawtinhimer v. D.R. Horton, Inc.

I agree with the majority that the trial court’s denial of class certification regarding count 4 — the rescission claim — was correct. However, I would return the case to the trial court to consider class certification separately for each claim.

Appellants purchased homes constructed, marketed, and sold by Appellees in the Waterside Estates community. Waterside is allegedly located either within or “on the Northeastern boundary of’ a former United States Army site known as the Pinecas-tle Jeep Range (the “PJR”). The Army conducted gunnery and bombing training at the PJR during and immediately…