State Farm Insurance Co. v. Edwards

339 S.W.3d 456, 2011 Ky. LEXIS 70, 2011 WL 2089586
CourtKentucky Supreme Court
DecidedMay 19, 2011
Docket2010-SC-000521-MR
StatusPublished
Cited by3 cases

This text of 339 S.W.3d 456 (State Farm Insurance Co. v. Edwards) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm Insurance Co. v. Edwards, 339 S.W.3d 456, 2011 Ky. LEXIS 70, 2011 WL 2089586 (Ky. 2011).

Opinions

Opinion of the Court by

Justice ABRAMSON.

State Farm Insurance Company appeals from an Order of the Court of Appeals denying its petition for a writ of prohibition. State Farm seeks to prohibit Judge Brian Edwards of the Jefferson Circuit Court from referring State Farm’s default judgment motion to the circuit court Master Commissioner for certain factual determinations. State Farm maintains that the trial court could make the determinations itself in the first instance and spare State Farm the $50.00 fee for the commissioner’s [458]*458report. Since State Farm is frequently before the circuit court seeking default judgments, and since, according to State Farm, the Jefferson Circuit Court judges routinely refer such judgments to the commissioner, State Farm’s concern may not be quite as de minimis as might first appear. State Farm contends that the Jefferson Circuit Court’s routine practice of referring default judgments to the commissioner 1 does not comport with the role of commissioners as contemplated by the Kentucky Rules of Civil Procedure, and, further, that the Jefferson Circuit Court’s alleged practice is unique among Kentucky’s circuit courts and is therefore at odds with the equal protection guarantees of both the Kentucky and the United States Constitutions. Because State Farm has an adequate opportunity to assert these contentions by way of ordinary appeal, the Court of Appeals correctly denied extraordinary relief, and we therefore affirm its Order.

RELEVANT FACTS

Giving rise to this appeal was an automobile accident involving Roger Fisher, a State Farm insured, and Mark Roden, the real party in interest. State Farm paid Fisher’s insurance claim and then, as Fisher’s subrogee, brought suit against Roden. Roden failed to respond, and on March 2, 2010, State Farm filed its motion for default judgment. Judge Edwards thereupon referred the matter to the Master Commissioner, instructing the commissioner to “examine the complaint and any exhibits tendered with the motion for judgment,” and to “determin[e] whether the amount(s) set forth in the judgment is/are authorized by the tendered exhibits.” In a motion accusing Judge Edwards of shirking his judicial responsibilities and illegally delegating his authority to the commissioner, State Farm moved the court to remand its commissioner reference. As support for its motion, State Farm cited Campbell v. Campbell, 2010 WL 391841, Ky.App. (Feb. 5, 2010) (Disc. Review Granted June 9, 2010), in which the Court of Appeals held that by ordering the parties to participate in binding arbitration a family court judge had improperly delegated his authority to the arbitrator. Noting that the court in this matter had not delegated any authority to make findings to the commissioner, but would itself make findings in light of the commissioner’s report and any objections to that report asserted by the parties, Judge Edwards denied State Farm’s motion.

Again relying on Campbell and adding a contention that the reference to the commissioner was not authorized by the Civil Rules, State Farm then petitioned the Court of Appeals for a writ prohibiting the trial court’s commissioner reference. As noted, that Court denied the petition and in its brief order observed that Campbell is not final — this Court having accepted discretionary review — and further observed that State Farm had failed to show that it met the exacting standard for extraordinary relief.

Appealing now to us, State Farm reiterates its contentions that the reference to the commissioner is not authorized by the Civil Rules and amounts to an illegal delegation of the trial court’s responsibilities,2 and contends for the first [459]*459time that the Jefferson Circuit Court’s alleged policy of referring motions for default judgment to the Master Commissioner denies the parties seeking those judgments the equal protection of the law. State Farm also attempts to rectify its failure before the Court of Appeals to bring its petition within our precedents delineating the high standard that must be met to justify the extraordinary relief of a writ. As usual, it is with those standards that our analysis begins.

ANALYSIS

In Cox v. Braden, 266 S.W.3d 792 (Ky.2008), we emphasized that to prevent the disruption of trial court proceedings and the waste of appellate court resources occasioned by interlocutory appeals, extraordinary relief in the form of writs compelling or prohibiting some act by the trial court is limited to two narrow circumstances. Such relief may be granted, we reiterated, only

“upon a showing that (1) the lower court is proceeding or is about to proceed outside of its jurisdiction and there is no remedy through an application to an intermediate court; or (2) that the lower court is acting or is about to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted.”

Id. at 796 (quoting from Hoskins v. Maride, 150 S.W.3d 1, 10 (Ky.2004)).

The “jurisdiction” referred to in the first type of case is the trial court’s subject matter jurisdiction, i.e., its authority to address the matter or the question before it. Goldstein v. Feeley, 299 S.W.3d 549 (Ky.2009). State Farm asserts, without discussion, that the trial court here is proceeding outside its jurisdiction, but clearly the court has subject matter jurisdiction over the underlying tort case and is authorized, generally, to consider references to the Master Commissioner. There is no question that the trial court is acting within its jurisdiction.

State Farm’s real contention, rather, is that the trial court has misconstrued the rules governing use of the commissioner and is proceeding erroneously. This is the second type of writ ease, and to prevail in that type of case State Farm must show not only that the trial court has erred or is about to err, but that the error is not subject to remedy by appeal and will result, absent the writ, in great injustice or irreparable injury.

By itself, the $50.00 fee at stake here would not satisfy the “great injustice and irreparable injury” requirement, but we have held that where a systemic error is shown, correction of which “ ‘is necessary and appropriate in the interest of orderly judicial administration,’ ” a writ may issue notwithstanding the petitioner’s relatively minor personal interest. Commonwealth, Dept. of Corredions v. Engle, 302 S.W.3d 60, 65 (Ky.2010) (quoting from Bender v. Eaton, 343 S.W.2d 799, 801 (Ky.1961)). Here, State Farm asserts that Jefferson Circuit Court judges routinely refer default judgment motions to the commissioner, this case being just one of many, and it maintains that all such routine referrals violate the Civil Rules. It is doubtful whether State Farm has adequately raised a systemic error, for the only “evidence” it has referred to of the Jefferson Circuit Court’s alleged policy or practice is its own [460]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Purdue Pharma L.P. v. Combs
506 S.W.3d 337 (Court of Appeals of Kentucky, 2014)
State Farm Insurance Co. v. Edwards
339 S.W.3d 456 (Kentucky Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
339 S.W.3d 456, 2011 Ky. LEXIS 70, 2011 WL 2089586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-insurance-co-v-edwards-ky-2011.