Smith v. Clary Corp.

We overrule Clary Corporation’s motion for rehearing. We withdraw our opinion of July 7, 1995, and substitute the following.

The issue in this case is whether counterclaims of multiple defendants should be aggregated to determine whether the amount in controversy in a county court at law exceeds that court’s maximum statutory jurisdictional limit and divests it of jurisdiction. The court of appeals held that a statute required aggregation. We hold that the legislature enacted Tex.Gov’t Code section 24.009, the aggregating statute, to allow multiple plaintiffs to aggregate their claims to…