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Gronwaldt v. McClelland6/22/2000
yet fair manner. Id.
It is clear our highest court is "tightening the noose" on class certification orders. From these recent writings, we glean two new requirements for a proper class certification order. First, the order must contain a definition of the class such that it is clearly ascertainable by objective criteria and does not require a determination of the merits. See Intratex, 43 Tex. Sup. Ct. J. at 489; Sheldon, 43 Tex. Sup. Ct. J. at 719. Second, the order must indicate how the claims are likely to be tried. See Bernal, 43 Tex. Sup. Ct. J. 706. We cannot fault Judge Mehaffy for not having a "crystal ball;" however, his December 19, 1999 order does not comport with the new requirements as delineated by Intratex, Sheldon and Bernal. Therefore we are constrained to conclude his order should be reversed and the case remanded to the trial court for compliance with our latest supreme court holdings.
REVERSED AND REMANDED
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