Legal Opinion · Concurrence

Hodge v. State Farm Mutual Automobile Insurance Company

Michigan Supreme Court

Decided June 6, 2016No. Docket 149043Published

1ConcurrenceMarkman, J.

At issue here is the subject-matter jurisdiction of the district court, which is exclusive in “civil actions when the amount in controversy does not exceed $25,000.00.” MCL 600.8301(1). I join the majority because I agree that “amount in controversy” as used in MCL 600.8301(1) refers to the “prayer for relief set forth in the plaintiffs pleadings . ...” I further agree that a trial court may be ousted of subject-matter jurisdiction when “fraud upon the court is apparent” from pleadings made in “bad faith.” I write separately only to identify circumstances that, in my view, might raise…

2Cases cited10 opinions

  1. Bowie v. ArderMichigan Supreme Court · 1992
  2. Fox v. Board of Regents of University of Mich.Michigan Supreme Court · 1965
  3. Straus v. GovernorMichigan Supreme Court · 1999
  4. In Re Estate of FraserMichigan Supreme Court · 1939
  5. Moody v. Home Owners InsuranceMichigan Court of Appeals · 2014

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API