Missouri Court of Appeals, Eastern District / Jun 18, 2019
Brad Frank, et al., Appellants, vs. Enviro-Tech Services, Respondent.
Brad Frank and other Class Representatives appealed the trial court's denial of their amended motion for class certification in their action against Enviro-Tech Services for unpaid overtime compensation. The trial court denied certification based on a perceived lack of numerosity, requiring affidavits from most potential class members. The appellate court reversed this finding, holding that the trial court abused its discretion by misinterpreting the numerosity requirement of Rule 52.08(a). The case was remanded for the trial court to evaluate the remaining class certification elements.