Summary
interpreting the civil rules so that they do not conflict with one another
Summary of this case from Basinger v. YorkOpinion
No. 88-2078
Submitted November 7, 1989 —
Decided February 21, 1990.
Courts — Jurisdiction of municipal court — Once monetary amount sought exceeds court's limit on subject matter jurisdiction set forth in R.C. 1901.17, court is without jurisdiction to decide the matter or transfer it to a court of common pleas.
APPEAL from the Court of Appeals for Cuyahoga County, No. 56455.
In April 1988, a complaint styled Norman Adler Associates v. National Employee Benefit Services, Inc., case No. 88-CVG-00640 (the " Adler case"), was filed in the Shaker Heights Municipal Court and assigned to respondent-appellee, Judge Paul R. Donaldson. The complaint asserted two causes of action against relator-appellant, National Employee Benefit Services, Inc., the second of which sought $10,000 in damages for past due rent. Appellant answered the complaint and filed a counterclaim.
The first cause of action in the Adler case was later dismissed by stipulation, leaving the $10,000 claim and appellant's counterclaim before the municipal court. Afterward, Judge Donaldson granted Norman Adler Associates, the plaintiff, leave to file a supplemental complaint alleging that appellant owed the additional sum of $12,933.80. This brought the Adler case's total damages to $22,933.80, an amount that exceeded the $10,000 limit on the municipal court's subject matter jurisdiction set forth in R.C. 1901.17.
Nevertheless, Judge Donaldson did not immediately dismiss the Adler case. Instead, on the authority of Williams v. Glen Manor Home for the Jewish Aged, Inc. (1986), 27 Ohio App.3d 246, 27 OBR 289, 500 N.E.2d 929, he transferred the Adler case, along with appellant's counterclaim, to respondent-appellee Court of Common Pleas of Cuyahoga County.
As a result, appellant sought writs of prohibition, mandamus, and procedendo in the Court of Appeals for Cuyahoga County. Appellant's complaint asked the court to prevent Judge Donaldson from transferring the Adler case and the counterclaim, to prevent the court of common pleas from proceeding in the Adler case and the counterclaim, to compel the return of the entire matter to the municipal court, and to compel Judge Donaldson to properly dismiss the Adler complaint. The court of appeals found that the appellant's complaint did not state a claim for any of this relief, and dismissed it sua sponte.
This matter is now before this court upon an appeal as of right.
Lester S. Potash, for appellant.
John T. Corrigan, prosecuting attorney, and Colleen C. Cooney, for appellees court of common pleas et al.
Margaret Anne Cannon, director of law, and L. James Juliano, Jr., for appellee Judge Donaldson.
We are asked to decide in this case whether the Shaker Heights Municipal Court had any jurisdiction to transfer the entire Adler matter to the Court of Common Pleas of Cuyahoga County in light of the filing of the supplemental complaint.
Clearly, the municipal court had no jurisdiction under R.C. 1901.17 to decide the merits of the Adler case once the supplemental complaint was filed. Appellant argues that the court was also without jurisdiction to transfer both the Adler case and the counterclaim pursuant to the certification procedures mentioned in Civ. R. 13(J). Appellant claims that the rule allows a municipal court to transfer a case by certifying it only when a counterclaim, cross-claim, or third-party complaint exceeds the court's jurisdiction. We agree.
Civ. R. 13(J) does not expressly permit certification on the basis of a complaint or supplemental complaint. Moreover, to read such permission into the rule would cause Civ. R. 13(J) to conflict with Civ. R. 12(H)(3). Civ. R. 12(H)(3) provides that a court shall dismiss an action if the court lacks subject matter jurisdiction.
In Lin v. Reid (1983), 11 Ohio App.3d 232, 11 OBR 356, 464 N.E.2d 189, the Court of Appeals for Franklin County observed that a municipal court could not rely on Civ. R. 13(J) to certify a complaint based on libel or slander since municipal courts have no subject matter jurisdiction over these actions. According to that court, such a complaint could only be dismissed. While the Lin court might have distinguished this case as involving monetary, as opposed to subject matter, jurisdiction, we do not believe a distinction is warranted. Rather, because the monetary restrictions in R.C. 1907.17 limit the municipal court's subject matter jurisdiction, Behrle v. Beam (1983), 6 Ohio St.3d 41, 6 OBR 61, 451 N.E.2d 237, we hold that dismissal is also required when an initial pleading seeks relief beyond this statutory authority.
In light of this holding, we decline appellees' invitation to follow Williams v. Glen Manor Home for the Jewish Aged, Inc., supra. There, the Court of Appeals for Hamilton County held that a municipal court should certify an amended complaint alleging damages in excess of $10,000. The Williams court did not discuss Civ. R. 12(H)(3), and, based on the foregoing, we consider its result inconsistent with the rule.
Accordingly, we hold that the Shaker Heights Municipal Court had no jurisdiction to transfer the Adler case and appellant's counterclaim to the Court of Common Pleas of Cuyahoga County and, correspondingly, that the common pleas court had no basis upon which to assume jurisdiction. Therefore, we reverse the judgment of the court of appeals and issue writs of prohibition, procedendo and mandamus, and we order that the common pleas court be prohibited from hearing and determining the entire Adler matter and that it return the entire Adler matter to the municipal court; and further, that the municipal court dismiss the complaint, answer and counterclaim in the Adler case without prejudice, pursuant to Civ. R. 12(H)(3).
We recognize that reversing a dismissal for a complaint's failure to state a claim ordinarily requires us to remand for further proceedings, which usually include a merit review. In cases involving extraordinary relief, however, we are permitted to rule as if the matter had been originally filed here. See, e.g., State, ex rel. Pressley, v. Indus. Comm. (1967), 11 Ohio St.2d 141, 40 O.O. 2d 141, 228 N.E.2d 631, paragraph ten of the syllabus. Since the parties agree on the facts underlying this case, we have decided to exercise this authority and reach the merits now.
Judgment reversed and writs allowed.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT, H. BROWN and RESNICK, JJ., concur.