Ragouzis v. Madison House Condominium Owners Assn., Inc.

Citations

• 2025 Ohio 2797

Syllabus

CLASS ACTION CERTIFICATION – IMPRACTICABILITY REQUIREMENT – NUMEROSITY REQUIREMENT – CIV. R. 23: In an action involving a dispute among the owners of condominium units in a 175-unit high-rise building, plaintiffs appeal a common pleas court order certifying a class action on behalf of 153 unit owners who filed counterclaims against the plaintiffs. Counterclaimants failed to meet their burden to establish by a preponderance of the evidence the numerosity requirement of Civ.R. 23 by failing to argue any specific facts to establish that the \class\ was so numerous that joinder for purposes of class action certification is impractical where the potential class members were already joined in the litigation when named as \interested defendants\ in the plaintiffs' complaint, were represented by the same attorney and law firm, and had already filed the counterclaims they sought to have certified as a class action.