Texas Supreme Court

Intratex Gas Company, Petitioner v. Richard Beeson, Eclipse Oil & Gas, Inc., and O’neill Properties, Ltd.…

March 9, 200043 Tex. Sup. Ct. J. 489

Summary

The Texas Supreme Court held that the trial court abused its discretion by certifying a class defined by the ultimate liability issue of whether Intratex took gas non‑ratably, and it declined to redefine the class on appeal, reversing the Court of Appeals and remanding for further proceedings. The Court emphasized that a class definition must be precise, objective, and presently ascertainable, and may not depend on the resolution of the merits.