Linda C Hodge v. State Farm Mutual Automobile Insurance Company

• Court: Michigan Supreme Court
• Decided: February 4, 2015
• Docket: 149043
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 4, 2015 Robert P. Young, Jr., Chief Justice

149043 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano LINDA C. HODGE, Richard H. Bernstein, Plaintiff-Appellant, Justices

v SC: 149043 COA: 308723 Wayne CC: 10-012109-AV STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

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By order of September 26, 2014, this case was held in abeyance for Moody v Home Owners Ins Co (Docket Nos. 149041, 149046). On the Court’s own motion, we VACATE our abeyance order of September 26, 2014. On order of the Court, the application for leave to appeal the February 25, 2014 judgment of the Court of Appeals is again considered, and it is GRANTED, limited to the issues: (1) whether a district court is divested of subject-matter jurisdiction when a plaintiff alleges less than $25,000 in damages in his or her complaint, but seeks more than $25,000 in damages at trial, i.e., whether the “amount in controversy” exceeds $25,000 under such circumstances, see MCL 600.8301(1); and, if not, (2) whether such conduct nevertheless divests the district court of subject-matter jurisdiction on the basis that the amount alleged in the complaint was made fraudulently or in bad faith. See, e.g., Fix v Sissung, 83 Mich 561, 563 (1890).

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. February 4, 2015 h0128 Clerk