406 S.W.3d 777
Tex. App.2013Background
- Elkins & Co. sued Immanivong in justice court for $8,416.26 in unpaid fees plus interest and unspecified "reasonable and necessary attorney’s fees."
- Justice court granted summary judgment for Elkins & Co. for $13,550.27.
- Immanivong appealed to the county court; in county court he moved to dismiss for lack of subject-matter jurisdiction, arguing the amount in controversy exceeded the justice court’s $10,000 limit when originally filed.
- The county court heard the motion, dismissed the case for lack of jurisdiction while Elkins did not appear at the hearing, and later denied Elkins’s motion to set aside the dismissal.
- Elkins appealed to the Court of Appeals (Fifth District, Dallas), which reviewed whether the county court had jurisdiction over the appeal based on the amount pleaded in the justice court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether county court has appellate jurisdiction when justice court petition pleaded damages within $10,000 plus unspecified attorney’s fees | Elkins: pleading $8,416.26 + reasonable attorney’s fees kept amount in controversy within justice court’s $10,000 limit | Immanivong: unspecified attorney’s fees necessarily pushed amount over $10,000 at filing; thus justice court lacked jurisdiction | Court held pleadings were determinative; because amount expressly pleaded was within limit and defendant did not prove the pleading was a sham, county court erred in dismissing for lack of jurisdiction |
Key Cases Cited
- Tex. Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (subject-matter jurisdiction reviewed as a question of law)
- Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (plaintiff’s pleadings generally control amount-in-controversy jurisdiction unless shown to be a sham)
- Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) (post-filing accrual of damages does not defeat original court’s jurisdiction)
- Crumpton v. Stevens, 936 S.W.2d 473 (Tex. App.—Fort Worth 1996, no writ) (county court appellate jurisdiction limited by justice court’s original jurisdiction)
- Whitley v. Morning, 814 S.W.2d 537 (Tex. App.—Tyler 1991, no writ) (seeking damages within limit plus unspecified attorney’s fees does not exceed jurisdictional limit)