State ex rel. McKeage v. Cordonnier

• Decision Date: 17 January 2012
• Docket Number: No. SC 91658.,SC 91658.
• Parties: STATE ex rel. Robert McKEAGE and Janet McKeage, and Those Similarly Situated, Relators, v. The Honorable Michael J. CORDONNIER, Respondent.
• Court: Missouri Supreme Court

357 S.W.3d 597

STATE ex rel. Robert McKEAGE and Janet McKeage, and Those Similarly Situated, Relators,
v.
The Honorable Michael J. CORDONNIER, Respondent.

No. SC 91658.

Supreme Court of Missouri, En Banc.

Jan. 17, 2012.

[357 S.W.3d 598]

Steve Garner, Chandler Gregg, Jeff Mitchell, Strong–Garner–Bauer PC, Springfield, David Baylard, Baylard, Billington, Dempsey & Jensen PC, Union, for the McKeages.

James D. Griffin, Husch Blackwell Sanders LLP, Kansas City, Jason C. Smith, Bryan O. Wade, Ginger K. Gooch, Husch Blackwell Sanders LLP, Springfield, for Bass Pro.

GEORGE W. DRAPER III, Judge.Introduction

Robert and Janet McKeage (hereinafter, “Relators”) sued Bass Pro Outdoor World, LLC (hereinafter, “Bass Pro”) in a five-

[357 S.W.3d 599]

count petition for charging a document preparation fee for purchasing a boat. After the circuit court overruled Relators' motion to certify a nationwide class, they sought relief by way of a writ of prohibition. This Court issued a preliminary writ, which is made permanent.

Facts and Procedural History

Relators purchased a boat and boat trailer from a Bass Pro store in St. Charles County. Bass Pro's purchase agreement required Relators to pay a $75 document preparation fee. Relators filed suit in St. Charles County challenging the document preparation fee and seeking rescission of the sale.

Bass Pro filed a motion to transfer venue based upon the forum selection clause in the purchase agreement. The purchase agreement contained a forum selection clause requiring “the parties to litigate any claim arising from the Agreement in Greene County, Missouri.” The circuit court sustained Bass Pro's venue motion and ordered the cause transferred to Greene County.

Relators then sought class certification of both in-state and out-of-state customers, based upon the purchase agreement's choice of law provision. The choice of law provision required the application of Missouri law to all transactions. Relators requested the class to be defined as:

All persons charged a document fee by [Bass Pro] for the five (5) years preceding [Relators'] filing suit to present, on the sale, lease and/or financing of boats, boat trailers, boating accessories, and/or recreational vehicles, which fees stem from contracts containing Missouri choice of law provisions.

The circuit court certified a class that was limited to contracts entered into within the State of Missouri.

Relators filed a petition pursuant to Rule 84.035 to review the class definition. This Court issued a preliminary writ.

Discussion A. Standard of Review

This Court has jurisdiction to issue original remedial writs. Mo. Const. art. V, sec. 4. A writ of prohibition is available: (1) to prevent a usurpation of judicial power when the circuit court lacks authority or jurisdiction; (2) to remedy an excess of authority, jurisdiction or abuse of discretion where the lower court lacks the power to act as intended; or (3) where a party may suffer irreparable harm if relief is not granted. State ex rel. Houska v. Dickhaner, 323 S.W.3d 29, 32 (Mo. banc 2010).

Whether an action should proceed pursuant to Rule 52.08 as a class action rests within the sound discretion of the circuit court. State ex rel. Coca–Cola Co. v. Nixon, 249 S.W.3d 855, 860 (Mo. banc 2008). An abuse of discretion occurs if the circuit court's decision “is clearly against the logic of the circumstance, is arbitrary and unreasonable, and indicates a lack of careful consideration.” Green v. Fred Weber, Inc., 254 S.W.3d 874, 880 (Mo. banc 2008) ( quoting State ex rel. Ford Motor Co. v. Messina, 71 S.W.3d 602, 607 (Mo. banc 2002)). “A court abuses its discretion if the class certification is based on an erroneous application of the law or the evidence provides no rational basis for certifying the class.” Mitchell v. Residential Funding Corp., 334 S.W.3d 477, 491 (Mo.App. W.D.2010). Certification of a class action requires: (1) the class be so numerous that joinder of all members is impracticable; (2) questions of law or fact common to the class exist; (3) the claims of the...