Community Hospitals of Indiana, Inc. v. Estate of North

661 N.E.2d 1235, 1996 Ind. App. LEXIS 159, 1996 WL 78130
CourtIndiana Court of Appeals
DecidedFebruary 26, 1996
Docket30A01-9508-CV-256
StatusPublished
Cited by15 cases

This text of 661 N.E.2d 1235 (Community Hospitals of Indiana, Inc. v. Estate of North) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Community Hospitals of Indiana, Inc. v. Estate of North, 661 N.E.2d 1235, 1996 Ind. App. LEXIS 159, 1996 WL 78130 (Ind. Ct. App. 1996).

Opinions

OPINION

ROBERTSON, Judge.

Community Hospitals of Indiana, Inc., filed a claim against the Estate of Ronnie G. North for medical supplies and services it had provided to the decedent before his death. The Estate denied the claim and filed a counterclaim against Community Hospitals on behalf of the Estate and others similarly situated. In response to the counterclaim, Community Hospitals filed a motion to dismiss and for judgment on the pleadings. The trial court denied the motion, and Community Hospitals now brings this interlocutory appeal. Community Hospitals presents the following issues:

I. Does an Indiana Circuit Court, sitting in probate, lack jurisdiction to adjudicate a claim for relief against a third person?
II. Does a personal representative lack authority to serve as a representative plaintiff in a class action seeking to assert property rights over property which is not property of the Estate?
III. Does the counterclaim of an Estate against the hospital fail to state a claim for relief when neither the decedent in his lifetime, nor the Estate, has paid any sum whatever to the hospital and therefore has suffered no loss?
IV. Does the Uniform Commercial Code, which pertains only to the sale of goods as defined therein, apply to the delivery of medical services?

We affirm.

' After it had denied Community Hospitals’ claim, the Estate, through its personal representative, filed a counterclaim in which it sought damages for excessive and unreasonable charges for laboratory tests, medical supplies, nonprescription medication, prescription medication, and personal supplies. The Estate pursued the matter as a class action so as to include all patients of Community Hospitals whom it had billed for those supplies and services over the previous twelve years.

Community Hospitals now appeals the denial of its motion to dismiss and for judgment on the pleadings. The motion addressed a lack of subject matter jurisdiction under Ind.Trial Rule 12(B)(1). The motion also addressed a failure to state a claim upon which relief could be granted and, in essence, a lack of jurisdiction over the ease, under T.R. 12(B)(6). See Browning v. Walters (1993), Ind.App., 620 N.E.2d 28, 31. The parties acknowledge that the applicable standard under T.R. 12(B)(6) is that a claim cannot be dismissed unless it appears to a certainty that the complainant is not entitled to relief.

At the outset, we note that the question of whether the Estate may properly be certified as the representative of the proposed class is not before us for decision. [1239]*1239The Estate notes correctly that the trial court has not considered the question of class certification and that issues related to the proposed class were not before the trial court on the T.R. 12(B)(1) and 12(B)(6) motions now on appeal. A decision in this appeal on matters related to class certification would amount to a prospective and premature determination of those issues. This Court does not render advisory opinions. See Matter of Estate of Rawlings (1983), Ind.App., 451 N.E.2d 1121, 1122.

Community Hospitals claims the Hancock Circuit Court sat as a probate court in the present case and therefore lacked subject matter jurisdiction over the Estate’s counterclaim. Community Hospitals contends that probate jurisdiction and proceedings are specific in nature and therefore are distinct from general, civil jurisdiction and proceedings. Community Hospitals argues that the specific nature of probate matters operates to the exclusion of general, civil matters. Community Hospitals also maintains that the Estate’s counterclaim impermissibly (1) operates beyond the claim against the Estate, (2) attempts to include members of a class who are not part of the Estate, (3) includes a counterclaim for charges other than those for which Community Hospitals filed its claim against the Estate, (4) seeks relief for a violation of the Uniform Commercial Code, and (5) includes charges for class members who have paid Community Hospitals when (a) neither the decedent nor the Estate have paid Community Hospitals anything and (b) the charges are not a part of the “rem” of the Estate.

Jurisdiction over the subject matter is the power to hear and determine eases of the general class to which the proceedings then before the court belong. Board of Trustees v. City of Fort Wayne (1978), 268 Ind. 415, 423, 375 N.E.2d 1112, 1117 (quoting Myers v. Sell (1948), 226 Ind. 608, 81 N.E.2d 846). If a tribunal possesses the power to determine eases of the general class to which the particular case belongs, then it possesses subject matter jurisdiction to consider the particular case, absent specific and timely objections to the jurisdiction over the particular case. Id.

The probate jurisdiction conferred upon circuit courts is separate and distinct from their general jurisdiction in civil causes, and the methods of proceeding in the exercise of such probate jurisdiction are equally separate and distinct from those prescribed by the code of civil procedure in ordinary causes. Gray v. Gray (1943), 221 Ind. 311, 47 N.E.2d 610. It is only where the probate code does not provide an adequate and complete mode of procedure that it is proper to resort to the rules of pleading and practice applicable to civil actions. Id.

Nonetheless, the probate courts must also be considered courts of general jurisdiction. Doe on the Demise of Hain v. Smith (1849), 1 Ind. 451, 456 (Vermillion Circuit Court). They are courts of record and, by the act under which they were organized, in the exercise of the jurisdiction granted to them, are vested with the incidental powers of other courts of law and equity. Id.

One opinion states that probate courts have no common law jurisdiction. Fidelity & Casualty Company v. State ex. rel. Anderson (1933), 98 Ind.App. 485, 497, 184 N.E. 916, 921 (Vanderburgh Probate Court). The nature, extent, and exercise of their jurisdiction depends upon the terms and breadth of the constitutional or statutory grant; and they cannot exercise any powers other than those which have been expressly conferred or are necessarily implied from those expressly conferred. Id.

We note that, when the legislature has intended a particular court to have exclusive jurisdiction, it has said so. State ex rel. Adams v. Hendricks Circuit Court (1986), Ind., 497 N.E.2d 546, 548. Under Article 7, § 8, of the Constitution of this State:

[t]he Circuit Courts shall have such civil and criminal jurisdiction as may be prescribed by law.

Pursuant to I.C. 33-4-4 — 3, the circuit court has original jurisdiction in all civil cases and [1240]*1240in all criminal cases, except where exclusive jurisdiction is conferred by law upon other courts of the same territorial jurisdiction.

Hancock Superior Court No.

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Community Hospitals of Indiana, Inc. v. Estate of North
661 N.E.2d 1235 (Indiana Court of Appeals, 1996)

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661 N.E.2d 1235, 1996 Ind. App. LEXIS 159, 1996 WL 78130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/community-hospitals-of-indiana-inc-v-estate-of-north-indctapp-1996.