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rel: 02/27/2009

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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2008-2009 ____________________ 1060438 ____________________ Charlette Ryan et al. v. John Patterson et al. Appeal from Shelby Circuit Court (CV-97-862)

MURDOCK, Justice. Charlette Ryan appeals, and 500 other individuals ("the listed objectors") purport to appeal, from a class-

certification order based on Rule 23(b)(2), Ala. R. Civ. P. This order was issued by the Shelby Circuit Court in

1060438 conjunction with the settlement of litigation between John Patterson and Sue Patterson and Wayne's Pest Control Company, Inc. ("Wayne's"), a pest-control company that also offers lawn-care service. I. Facts and Procedural History

On October 29, 1997, the Pattersons filed a complaint containing class allegations against Wayne's and three

individuals associated with Wayne's, in the Shelby Circuit Court. The same day, the Pattersons moved for a conditional

class certification, which the circuit court granted pursuant to Rule 23(b)(2) and (b)(3), Ala. R. Civ. P. Wayne's removed

the case to federal court, which eventually remanded the case to the Shelby Circuit Court. 1 The Pattersons filed amended complaints on November 2, 1998, and June 28, 2005. In each complaint, the Pattersons

alleged that they and a class of homeowners throughout Alabama had contracted with Wayne's to perform termite pest control in their homes and that Wayne's had uniformly failed: (1) to make proper initial termite treatments; (2) to make proper termite re-treatments; and (3) to conduct adequate inspections and The federal district court vacated the state court's conditional class certification. 2
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1060438 reinspections for termite damage and often to perform any reinspections required at

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