Legal Opinion · Dissent

Hoang v. Jamestown Homes, Inc.

Indiana Court of Appeals

Decided May 31, 2002No. 02A05-0108-CV-344Published

1DissentBailey, Judge

I respectfully dissent from the majority's conclusion that Indiana Code section 33-5-2-4(b)(2) vested the small claims court here with jurisdiction over Jamestown's eviction action.

Indiana Code section 33-5-2-4(b)(2), as noted by the majority, grants the small claims docket of the superior courts in Allen County jurisdiction over "possessory actions between the landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000)." The majority concludes that the court had jurisdiction over this action because Jamestown and Hoang were in a…

2Cases cited6 opinions

  1. Commissioner v. FinkSupreme Court of the United States · 1987
  2. Matter of Adoption of HSIndiana Court of Appeals · 1985
  3. Downham v. WagnerIndiana Court of Appeals · 1980
  4. Georgetown Board of Zoning Appeals v. KeeleIndiana Court of Appeals · 2001
  5. Buckmaster v. PlatterIndiana Court of Appeals · 1981

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