Indiana Real Estate Commission v. Blue

Indiana Court of Appeals

Indiana Real Estate Commission v. Blue

190 N.E.2d 32, 135 Ind. App. 121, 1963 Ind. App. LEXIS 227

CourtIndiana Court of Appeals

DecidedMay 10, 1963

Docket19,643

StatusPublished

Cited by6 cases

This text of 190 N.E.2d 32 (Indiana Real Estate Commission v. Blue) 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.

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Indiana Real Estate Commission v. Blue, 190 N.E.2d 32, 135 Ind. App. 121, 1963 Ind. App. LEXIS 227 (Ind. Ct. App. 1963).

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Opinion

Pfaff, J.

— This was an action instituted by appellee, Charles L. Blue, against appellant, Indiana Real Estate Commission, for a declaratory judgment to determine whether said appellee is entitled to a real estate broker’s license under the Real Estate License Law of the State of Indiana, §63-2401, Burns’ 1951 Replacement, et seq.

The Trial Court found for the defendant (appellant) upon the original complaint and thereafter the plaintiff (appellee) filed his petition to set aside the judgment and for a decision on the substantive merits. As a part of said petition, the appellee filed the written consent of the appellant that the controversy should be decided on the substantive merits without regard to whether the appellee properly and in due time pursued the remedies available to him under the provisions of *123 the Administrative Adjudication and Review Act, §63-3001, Burns’ 1951 Replacement, et seq.

Thereupon the appellee filed his amended complaint and the appellant filed its answer. The issues were decided in favor of the appellee upon his amended complaint and against the appellant. The Trial Court overruled the appellant’s motion for a new trial, and this appeal followed.

This Court can see no advantage in a lengthy opinion in this case in light of the fact that in a very recent opinion, Town of Walkerton V. Fiwek (1963), 134 Ind. App. 416, 189 N. E. 2d 110, 1 Ind. Dec. 212, this Court clearly re-affirmed the proposition that a complaint for a declaratory judgment cannot be used as a substitute for an appeal or to furnish an additional remedy where an adequate one already exists.

Further it is a well settled legal principle that parties cannot confer jurisdiction of the subject matter on a court where such jurisdiction does not exist.

Judgment reversed.

Cooper, C. J., Mote, P. J., Carson, Clements, Hunter, Kelley, Ryan, JJ., concur.

Note. — Reported in 190 N. E. 2d 32.

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Pfaff, J.

— This was an action instituted by appellee, Charles L. Blue, against appellant, Indiana Real Estate Commission, for a declaratory judgment to determine whether said appellee is entitled to a real estate broker’s license under the Real Estate License Law of the State of Indiana, §63-2401, Burns’ 1951 Replacement, et seq.

The Trial Court found for the defendant (appellant) upon the original complaint and thereafter the plaintiff (appellee) filed his petition to set aside the judgment and for a decision on the substantive merits. As a part of said petition, the appellee filed the written consent of the appellant that the controversy should be decided on the substantive merits without regard to whether the appellee properly and in due time pursued the remedies available to him under the provisions of *123 the Administrative Adjudication and Review Act, §63-3001, Burns’ 1951 Replacement, et seq.

Thereupon the appellee filed his amended complaint and the appellant filed its answer. The issues were decided in favor of the appellee upon his amended complaint and against the appellant. The Trial Court overruled the appellant’s motion for a new trial, and this appeal followed.

This Court can see no advantage in a lengthy opinion in this case in light of the fact that in a very recent opinion, Town of Walkerton V. Fiwek (1963), 134 Ind. App. 416, 189 N. E. 2d 110, 1 Ind. Dec. 212, this Court clearly re-affirmed the proposition that a complaint for a declaratory judgment cannot be used as a substitute for an appeal or to furnish an additional remedy where an adequate one already exists.

Further it is a well settled legal principle that parties cannot confer jurisdiction of the subject matter on a court where such jurisdiction does not exist.

Judgment reversed.

Cooper, C. J., Mote, P. J., Carson, Clements, Hunter, Kelley, Ryan, JJ., concur.

Note. — Reported in 190 N. E. 2d 32.

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190 N.E.2d 32, 135 Ind. App. 121, 1963 Ind. App. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indiana-real-estate-commission-v-blue-indctapp-1963.

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