Smith v. Delta Express, Inc.

CUTRER, Judge.

Plaintiff brings this action to rescind the sale of three motor carrier operating authorities which were conveyed by the plaintiff to the defendant. After a trial on the merits in which the trial court found for plaintiff, defendant filed a motion for a new trial and an exception of lack of jurisdiction over the subject matter. The trial court denied the motion for a new trial, overruled the exception, and entered judgment in favor of plaintiff. Defendant appealed.

The issues presented in this appeal are: (1) Does a state court have subject matter jurisdiction to decide ownership…