SUmmary 2008 WY 71

Summary of Decision issued June 23, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: State Farm Mutual Automobile Ins. Co. v. Kunz

Citation: 2008 WY 71

Docket Number: S-07-0177

Certified question from the District Court of Goshen County, the Honorable Keith G. Kautz, Judge.

Representing Appellant (Plaintiff): Billie Ruth Edwards, Edwards & Johnson, Cheyenne, Wyoming.

Representing Appellee (Defendant): No appearance.

Facts/Discussion: The question arose from an apparent conflict in statutory language governing subject matter jurisdiction of circuit courts and statutory language relating to service of process on non-resident motorists.

Answer: The circuit court has subject matter jurisdiction over a civil suit brought against a non-resident, where the prayer for recovery requests less than $7,000.00. Circuit courts’ subject matter jurisdiction over civil matters is governed by Wyo. Stat. Ann. § 5-9-128 and is not impacted by the method of service of process. The portion of Wyo. Stat. Ann. § 1-6-301(c) relied upon by State Farm addresses venue and does not confer subject matter jurisdiction on a district court in a civil action where the amount in controversy does not exceed $7,000.00.

J. Burke delivered the decision.

Link: http://tinyurl.com/56ljfa .

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