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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 535

Citation
Section 535
Parent Document
Younker v. Investment Realty, Inc., 461 S.W.3d 1 (2015)
Jurisdiction
Missouri (state)
Effective Date
2015-02-20

Other Sections in This Document (77)

Full Text

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In what Tenants characterize as an “excess of caution,” they sought to appeal the trial court’s denial of class certification in its judgment under section 512.020(3) and Rule 52.08(f) authorizing a permissive interlocutory appeal from an order granting or denying class-action certification16 and also under section 512.020(5) allowing an appeal as a matter of right from a final *12judgment.17 Permitting a section 512.020(3) and Rule 52.08(f) interlocutory appeal, however, is within the discretion of this Court. Section 512.020.3(a); Rule 52.08(f); State ex rel. Coca-Cola Co. v. Nixon, 249 S.W.3d 855, 859 (Mo. banc 2008). Rule 52.08(f) directs that the method by which to obtain that permission is governed by Rule 84.035. In accordance with Rule 84.035, Tenants filed a petition for permission to appeal the denial of class certification. See Rule 84.035(a) and (b). Property Owners filed a response to that petition as allowed by Rule 84.035(c). By this court’s order exercising its section 512.020(3)(a) and Rule 52.08(f) discretion, Tenants’ petition for permission to appeal was denied.