Pawnderosa Pawn Shops Inc. v. Conley ( 2017 )

Cite as 2017 Ark. 342
SUPREME COURT OF ARKANSAS
No. CV-17-188
Opinion Delivered: November 30, 2017
PAWNDEROSA PAWN SHOPS, INC.,
AND PAUL PAKIS APPEAL FROM THE PULASKI
APPELLANTS COUNTY CIRCUIT COURT
[NO. 60CV-16-3005]
V.
HONORABLE WENDELL GRIFFEN,
HERMAN CONLEY JUDGE
APPELLEE
REVERSED AND REMANDED
WITH INSTRUCTIONS TO
DECERTIFY THE CLASS.
SHAWN A. WOMACK, Associate Justice
Pawnderosa Pawn Shops, Inc., and Paul Pakis (“Pawnderosa”) appeal the Pulaski
County Circuit Court’s order granting class certification for a group of Pawnderosa’s
customers including Herman Conley. Appellees allege that Pawnderosa’s business practices
violated the anti-usury language of amendment 89 to the Arkansas Constitution and of the
Arkansas Deceptive Trade Practices Act. The circuit court’s order defined the class as “[a]ny
and all persons who have owed, currently owe or will incur debts directly arising out of
pawn transactions with Defendant, Pawnderosa Pawn Shops, Inc. within five years of the
date of this Complaint was filed and continuing up through and until judgment may be
rendered in this matter.” Pawnderosa argues on appeal that the circuit court abused its
discretion in determining that a class exists, in determining that the putative class satisfied
the requirements of Arkansas Rule of Civil Procedure 23 (2016), and in refusing to admit
testimony relevant to these issues at the hearing on class certification.
For the reasons expressed in Arch Street Pawn Shop, LLC v. Gunn, 2017 Ark. 341,
handed down this same date, we hold that the circuit court abused its discretion in certifying
the class.
Reversed and remanded with instructions to decertify the class.
Williams & Anderson PLC, by: Heather G. Zachary, Philip E. Kaplan, David M. Powell,
and Alec Gaines, for appellants.
Omavi Shukur, for appellee.
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