Fitzgerald v. Murray

This case was remanded from the Superior Court for trial; however, the defendant before remand had filed a third party complaint based upon a cause of *162action over which the District Court has no jurisdiction.2 The Judge of the District Court on motion dismissed the third party complaint filed by the defendant for lack of jurisdiction and the defendant claimed a report and error by the judge in allowing the motion.

The defendant argues that the remand and subsequent dismissal puts her in a position where her case may be damaged because all claims can’t be tried together. She asks us to rule…