Arant v. Hubbard

824 So. 2d 611 (Miss. 2002) · Supreme Court of Mississippi · August 22, 2002

Summary

The Mississippi Supreme Court held that justice courts and circuit courts have concurrent jurisdiction over civil actions involving more than $200 but not more than $2,500. The court affirmed the denial of the defendants’ motion to dismiss and remanded the case for further proceedings.

Holdings

  1. Mississippi justice courts and circuit courts have concurrent jurisdiction over civil actions in which the amount in controversy exceeds $200 but does not exceed $2,500, unless the Legislature explicitly provides otherwise.
  2. The circuit court correctly denied the Arants' motion to dismiss because the Hubbards' $871.85 claim could properly be brought in either justice court or circuit court.

Questions Presented

  1. Whether Mississippi justice courts have exclusive jurisdiction, or share concurrent jurisdiction with circuit courts, over civil cases in which the amount in controversy exceeds $200 but does not exceed $2,500.
  2. Whether the circuit court properly denied the Arants' motion to dismiss.

Disposition

affirmed_and_remanded

Cases Cited (11)

  • Lofton v. United States, 785 So. 2d 287, 289 (Miss. 2001)(followed)
  • Chamberlin v. City of Hernando, 716 So. 2d 596, 601 (Miss. 1998)(followed)
  • Clark v. State ex rel. Miss. State Med. Ass'n, 381 So. 2d 1046, 1048 (Miss. 1980)(followed)
  • T.C. Fuller Plywood Co. v. Moffett, 231 Miss. 382, 388, 95 So. 2d 475, 478 (1957)(followed)
  • Roberts v. Miss. Republican Party State Exec. Comm., 465 So. 2d 1050, 1051-52 (Miss. 1985)(followed)
  • Brown v. McCoy, 362 So. 2d 186, 189 (Miss. 1978)(followed)
  • Crane v. Reeder, 28 Mich. 527 (1874)(adopted)
  • Daou v. Harris, 139 Ariz. 353, 678 P.2d 934, 937-38 (1984)(adopted)
  • Seward v. Dogan, 198 Miss. 419, 436, 21 So. 2d 292, 294 (1945)(followed)
  • Cumberland Tel. & Tel. Co. v. State, 99 Miss. 1, 11, 54 So. 446, 448 (1911)(followed)

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Cited In (0)

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