Floyd v. Baxter

This cause is before us on appeal from a final order dismissing appellant’s assault and battery action for lack of jurisdiction. After the parties presented evidence, but prior to submission of the cause to the jury, the trial court dismissed the case, stating “there’s no way, based on the evidence I have heard this morning, that a jury of six reasonable people could possibly award Mr. Floyd over $5,000.”

In determining whether the jurisdictional amount for the circuit court is met, the trial court is required to discern whether the jurisdictional amount of damages was pleaded in “good faith.”…