Agee v. Central Soya Co.

In my opinion, the trial court erred in dismissing the Agee Plaintiffs’ cause for lack of subject matter jurisdiction. I therefore dissent from the majority’s opinion. On a motion to dismiss for lack of subject matter jurisdiction, the party seeking jurisdiction must prove only by a preponderance of the evidence that jurisdiction lies with the trial court. Under these circumstances, I believe that the trial court possesses broad discretion with regard to admissibility of the evidence issues. I further believe that the trial court should liberally admit and consider proffered evidence.

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