Superior Construction Co. v. Carr

564 N.E.2d 281, 1990 Ind. LEXIS 271, 1990 WL 212969
CourtIndiana Supreme Court
DecidedDecember 27, 1990
Docket45S04-9012-CV-806
StatusPublished
Cited by50 cases

This text of 564 N.E.2d 281 (Superior Construction Co. v. Carr) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Superior Construction Co. v. Carr, 564 N.E.2d 281, 1990 Ind. LEXIS 271, 1990 WL 212969 (Ind. 1990).

Opinion

SHEPARD, Chief Justice.

The question is whether the Lake Superi- or Court, County Division, properly denied Superior Construction Company's motion for change of venue in a civil suit with potential damages in excess of $10,000. We hold that Ind.Code § 88-5-29.5-16(4) (West Supp.1990) validly prohibits change of venue as of right from the County Division. The jurisdiction of the County Division in civil tort cases, however, is limited by Ind.Code § 83-10.5-8-1 (West Supp. 1990) to cases in which the damages claimed do not exceed $10,000. Therefore, the trial court should have either placed a $10,000 cap on the damages requested by the plaintiffs or ordered the case transferred to the Lake Superior Court, Civil Division.

On April 4, 1989, the Carrs filed a tort action in the Lake Superior Court, County Division, against Superior Construction Company. Plaintiffs sought damages in excess of $10,000. Defendant requested a change of venue from the county pursuant to Ind.Trial Rule 76. In the alternative, Superior requested that the County Division cap the plaintiffs' potential recovery at $10,000, claiming this amount was the jurisdictional limit of the County Division.

On July 18, 1989, the trial court found that the County Division has general jurisdiction over all civil matters pursuant to Ind.Code § 88-5-29.5-4(a)(1) (West Supp. 1990). The trial court further found that there is no change of venue from the County Division as of right, under Ind.Code § 38-5-29.5-16(4), and denied the defendant's request for a change. The trial court certified its ruling as an appealable interlocutory order pursuant to Ind.Appellate Rule 4(B)(6)(b).

The Court of Appeals affirmed the trial court. Superior Constr. Co. v. Carr (1990), Ind.App., 550 N.E.2d 805. It held, first, that Ind.Code § 88-5-29.5-16(4) denied litigants an automatic change of venue from the County Division; second, that this denial was not a local or special law that violated article 4, § 22 of the Indiana Constitution inasmuch as no other county court in the state affords an automatic change of venue; and, third, that the jurisdiction of the County Division was general and not limited in dollar amount under Ind.Code § 38-5-29.5-4 (West Supp.1990). We grant Superior's petition for transfer.

Two portions of the Indiana Code govern Superior's claim to an automatic change of venue: Ind.Code §§ 88-5-29.5-1 to -70 (West 1988 & Supp.1990), establishing the Lake Superior Court system, including the *283 County Division, and Ind.Code §§ 38-10.5-1-1 to -9-8. (West 1988 & Supp.1990) establishing the county court system for the rest of the state.

Indiana Code § 838-5-29.5-1 (West 1988) creates the superior court in Lake County. Indiana Code § 88-5-29.5-4 (West Supp. 1990) grants general jurisdiction to that superior court, giving it the "same jurisdiction as the Lake Circuit Court in all civil and probate cases and matters whether original or appellate." Chapter 29.5 also contains provisions specifically directed to the County Division. - Indiana Code § 88-5-29.5-21(b) (West Supp.1990) establishes the County Division with three judges. Finally, Ind.Code § 38-5-29.5-16(4) provides that "there is no change of venue from the county as of right in cases in the county division of the court."

While the chapter creating the Lake Superior Court could have completely defined the terms for the creation of a unique County Division, the legislature instead chose to make additional reference to the Lake Superior Court, County Division, within the code article creating county courts generally. Indeed, those portions of the chapter on the Lake Superior Court regarding the County Division even refer specifically to the county court section of the code. - Ind.Code § 88-5-29.5-16(8) (West Supp.1990).

The county court section at Ind.Code § 33-10.5-1-4 (West Supp.1990) dictates that a "county court is established in each county," except as otherwise provided. Each of these county courts is a court of limited - jurisdiction _ under - Ind.Code § 38-10.5-38-1(a) (West Supp.1990):

The county court has the following jurisdiction:

(1) Original and concurrent jurisdiction in all civil cases founded on contract or tort in which the debt or damage claimed does not exceed ten thousand dollars ($10,000).
(2) Original and concurrent jurisdiction in possessory actions between a landlord and tenant and original exclusive jurisdiction in actions for the possession of property where the value of the property sought to be recovered does not exceed ten thousand dollars ($10,000).
(3) Original and concurrent jurisdiction of all Class D felony, misdemeanor, and infraction cases.
(4) Original and concurrent jurisdiction of cases involving the violation of ordinances of cities, towns, or other municipal corporations.
(5) Original and concurrent jurisdiction of cases involving violations of ordinances which relate to traffic.

These courts do not allow change of venue as of right. Ind.Code § 88-10.5-T-8 (West Supp.1990).

The Lake County exception to the general county court - statute, - Ind.Code § 88-10.5-1-7, states: "Notwithstanding section 4 of this chapter, Lake County does not have a county court. However, the county division of the superior court of Lake County shall maintain the dockets described in IC 88-10.5-7-1." These dockets are:

(1) An offenses and violations docket.
(2) A small claims docket for:

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564 N.E.2d 281, 1990 Ind. LEXIS 271, 1990 WL 212969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/superior-construction-co-v-carr-ind-1990.