EVI Equipment, Inc. v. Northern Ins. Co. of New York

Decision Date10 March 1986
Docket NumberNo. 71406,71406
Citation342 S.E.2d 380,178 Ga.App. 197
PartiesEVI EQUIPMENT, INC. v. NORTHERN INSURANCE COMPANY OF NEW YORK.
CourtGeorgia Court of Appeals

Alfred L. King, Jr., for appellant.

Robert M. Darroch, John W. Chambers, Samuel P. Pierce, Jr., Atlanta, for appellee.

BENHAM, Judge.

Appellee insurance company filed a petition in the State Court of Fulton County, seeking a declaratory judgment pursuant to OCGA § 9-4-2 to determine the extent of its liability under a contract of insurance with appellant, EVI Equipment, Inc. ("EVI"), the insured. EVI moved to dismiss the case for lack of subject matter jurisdiction, contending that under OCGA § 9-4-2(a) and (b), the Declaratory Judgment Act, only the superior court has jurisdiction to render declaratory judgments. The trial court denied EVI's motion but granted it a certificate of immediate review. We allowed the interlocutory appeal to address this apparently heretofore unresolved issue.

OCGA § 9-4-2(a) states that "the respective superior courts of this state shall have power ... to declare rights and other legal relations of any interested party petitioning for such declaration, whether or not further relief is or could be prayed ..." Art. VI, Sec. IV, Par. I of the 1983 Ga. Const. sets the parameters for the jurisdiction of superior courts as follows: "The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divorce cases; and in equity cases. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law." OCGA § 15-7-7 sets out the parameters for jurisdiction of state courts as being "concurrent with the superior courts [in six different areas] ... except [in] those [civil] actions in which exclusive jurisdiction is vested in the superior courts ..."

Appellant contends that state courts lack subject matter jurisdiction to hear and determine a declaratory judgment action because the legislature did not intend the word "exclusive" as it is used in OCGA § 15-7-4(2) to be taken literally, but rather intended only to encompass areas of law that have traditionally been in the jurisdiction of the superior courts, e.g., liquidation of corporate assets (OCGA § 14-2-285(a)); legitimation of children (OCGA § 19-7-22); and name changes (OCGA § 19-12-1(a)). We agree.

We read all of the above-quoted excerpts to mean that the legislature intended to empower only superior courts to render declaratory judgments, that area being one in which the superior courts have traditionally had jurisdiction. If the legislature's intention was to vest such power in state courts, it...

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4 cases
  • Mitchell v. Southern General Ins. Co.
    • United States
    • Georgia Court of Appeals
    • February 3, 1988
    ...an interlocutory appeal to determine if the court below erred in granting the motion to transfer. 1. EVI Equip. v. Northern Ins. Co. of N.Y., 178 Ga.App. 197, 342 S.E.2d 380 (1986), correctly holds that under OCGA § 15-7-4(2), the superior courts have exclusive jurisdiction to hear and dete......
  • EVI Equipment, Inc. v. Northern Ins. Co. of New York
    • United States
    • Georgia Court of Appeals
    • October 17, 1988
    ...superior court [is] the only forum that can properly entertain an action for declaratory judgment...." EVI Equip. v. Northern Ins. Co. of N.Y., 178 Ga.App. 197, 198, 342 S.E.2d 380.2 In his deposition, the EVI salesman who provided the advice and equipment to M & W testified that he was awa......
  • Rossville Apartments Co. v. Britton
    • United States
    • Georgia Court of Appeals
    • March 10, 1986
  • Fire & Cas. Ins. Co. of Connecticut v. Spell
    • United States
    • Georgia Court of Appeals
    • July 10, 1987
    ...of Chatham County would not be a proper forum in which to seek or to obtain such a declaration. See EVI Equip. v. Northern Ins. Co. of N.Y., 178 Ga.App. 197, 342 S.E.2d 380 (1986). Under the circumstances which existed in this case, it would have been a proper and sufficient exercise of the......
6 books & journal articles
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2023 edition
    • Invalid date
    ...OK and not equitable despite affirmative acts demanded [264 Ga.App. 273 , 5 90 SE2d 250 (2003)]. 5. Declaratory judgments [OCGA 9-4-2; 178 Ga.App. 197, 342 SE2d 380 (1983)]. 6. Examples of additional statutory provisions: a. Appointment of receiver [OCGA 9-8-1]; b. Matters involving arbitra......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2022 edition
    • Invalid date
    ...OK and not equitable despite affirmative acts demanded [264 Ga.App. 273 , 5 90 SE2d 250 (2003)]. 5. Declaratory judgments [OCGA 9-4-2; 178 Ga.App. 197, 342 SE2d 380 (1983)]. 6. Examples of additional statutory provisions: a. Appointment of receiver [OCGA 9-8-1]; b. Matters involving arbitra......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2016 edition
    • Invalid date
    ...OK and not equitable despite affirmative acts demanded [264 Ga.App. 273 , 5 90 SE2d 250 (2003)]. 5. Declaratory judgments [OCGA 9-4-2; 178 Ga.App. 197, 342 SE2d 380 (1983)]. 6. Other miscellaneous statutory provisions (not complete): a. Appointment of receiver [OCGA 9-8-1]; b. Matters invol......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2017 edition
    • Invalid date
    ...OK and not equitable despite affirmative acts demanded [264 Ga.App. 273 , 5 90 SE2d 250 (2003)]. 5. Declaratory judgments [OCGA 9-4-2; 178 Ga.App. 197, 342 SE2d 380 (1983)]. 6. Other miscellaneous statutory provisions (not complete): a. Appointment of receiver [OCGA 9-8-1]; b. Matters invol......
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