JURISDICTIONAL AMOUNT AGGREGATION: NATIONAL CHECK BUREAU, INC. v. IRBY (COA 7/13/2007)

NATIONAL CHECK BUREAU, INC. v. IRBY
CIVIL PROCEDURE:  JURISDICTIONAL AMOUNT OF CIRCUIT COURT (AGGREGATE CLAIMS)
2006-CA-000700
PUBLISHED: REVERSING AND REMANDING
PANEL: PAISLEY PRESIDING; THOMPSON, VANMETER CONCUR
COUNTY: CALLOWAY
DATE RENDERED: 7/13/2007

COA reversed TC’s dismissal of Appellant’s case for lack of jurisdiction due to insufficient amount in controversy. COA ruled that CR 18.01 allows Appellant to aggregate amount of the 3 separate delinquent accounts it sought recovery for from Appellee for purposes of satisfying the $4,000 circuit court jurisdictional requirement. COA acknowledged the lack of direct precedent regarding the aggregatation of damages for the specific purpose of reaching the jurisdictional limit, but cited substantially similar Federal Rule 18 and supporting federal case law holding that aggregation was permissible.

By Chad Kessinger