Picon Transportation, Inc. v. Pomerantz

I respectfully dissent. The majority held that the trial court erred in rendering judgment in an amount in excess of jurisdictional limit. I conclude that the trial court never acquired subject matter jurisdiction over Pomerantz’s cause of action. Accordingly, I would dismiss the cause of action.

In his original petition, Pomerantz sought recovery of “not less than” $30,860 in actual damages, “not less than” $20,000 in exemplary damages, and “[p]re-judgment interest at the maximum legal rate from September 8, 1986, [the date of the accident] until judgment,” which totalled $50,860 exclusive of…