Supreme Court of Arkansas.
ADVANCE AMERICA, CASH LOAN online payday loans Hereford TX FACILITIES OF ARKANSAS, INC., v. Phyllis GARRETT, separately as well as on Behalf of a course of likewise Situated people.
No. 00-1287.
Decided: March 08, 2001
Appellant, Advance America, money Advance Centers of Arkansas, Inc ., brings this interlocutory appeal from the Clark County Circuit Court’s purchase granting appellee Phyllis Garrett’s motion to approve the actual situation as a course action pursuant to Ark. R. Civ. P. 23 (2000). Our jurisdiction is authorized by Ark. R. Sup.Ct. 1-2(a)(8) (2000) and Ark. R.App. P.-Civil 2(a) (9) (2000). The class representative in the instant appeal, Advance America challenges the portions of the trial court’s order: (1) defining the class as “[a]ll persons, other than Advance America and its owners and agents, who have taken out loans from Advance America at its branch offices throughout the State of Arkansas and [sic ] interest rates exceeding the maximum lawful rate set forth in Article 19, Section 13 of the Arkansas Constitution,” and (2) naming Garrett. We find merit in appellant’s argument that the test court abused its discernment by attaining the merits of appellee’s underlying claim. Appropriately, we reverse and remand the full instance towards the test court for further action in line with this viewpoint.
Advance America is certified by the continuing state Board of debt collectors to take part in the check-cashing company in Arkansas pursuant to your Check-cashers Act, codified at Ark.Code Ann. Pokračování textu ADVANCE AMERICA CASH LOAN FACILITIES OF ARKANSAS INC v. GARRETT