Highland Homes Ltd. v. State

in which Justice GREEN, Justice GUZMAN, Justice LEHRMANN, and Justice BROWN joined.

Rule 42(a) of the Texas Rules of Civil Procedure provides that when its requirements are met, “[o]ne or more members of a class may sue ... as representative parties on behalf of all”.1 It often happens that many class members do not personally appear in the action in any way,2 and Rule 42 prescribes procedures to ensure that those whose claims are settled or adjudicated in absentia are afforded due process. Such procedures include court approval of class representatives and class counsel, notice to class…