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Griffin Indus. Inc. v. Green

The trial court did not abuse its discretion in finding commonality based on the alleged emission of noxious odor from the defendants' rendering plant.

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This is the second appearance of this litigation in this court.1 In that decision we asked the trial court to make a “more detailed” order addressing whether the factors for class certification have been met and specifying the findings of fact and conclusions of law supporting the decision.2 1. A comparison of the original order and the order appealed from today reveals that the new order does “address” each of the required factors to be considered when ruling on a request to certify a class.

However, there remains the statutory requirement that the order contain findings of fact and conclusions of law pursuant to OCGA § 9-11-23. Although there is no precedent directly on point, our instinct is that the requirement for “findings of fact” may be less stringent in an order certifying or denying a class than it would be, for example, in a judgment after a bench trial in a complex civil action. The facts are always hotly disputed at the certification stage in a class action, and we doubt that the General Assembly intended to require the trial courts to make definitive judgments at an early point in the litigation. Nonetheless, we are disappointed that the “findings of fact” in the new order are conclusory and do not specify the evidence, depositions, affidavits, etc., relied upon.

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