Jessen v. Burry, 99-259.

• Decision Date: 08 December 2000
• Docket Number: No. 99-259.,99-259.
• Parties: Dennis JESSEN, Petitioner, v. Randy BURRY and Devota Burry, d/b/a Diamond B Oilfield Service, d/b/a Diamond B. Casing, Respondents.
• Court: Wyoming Supreme Court

13 P.3d 1118

Dennis JESSEN, Petitioner,
v.
Randy BURRY and Devota Burry, d/b/a Diamond B Oilfield Service, d/b/a Diamond B. Casing, Respondents

No. 99-259.

Supreme Court of Wyoming.

December 8, 2000.

13 P.3d 1119

Representing Petitioner: Dennis Jessen, Pro Se

Representing Respondents: Raymond D. Macchia of Patton & Davison, Cheyenne, WY.

Before LEHMAN, C.J., and THOMAS, MACY,¹ GOLDEN, and HILL, JJ.

THOMAS, Justice.

The conundrum presented by this case is how best to resolve an apparent conflict between the dollar amount limit on the jurisdiction of the county court² and the requirement in the forcible entry and detainer statutes³ that a judgment be entered for the amount of rent due. The conflict is presented when the amount of rent claimed in the forcible entry and detainer action exceeds the dollar amount limit on the jurisdiction of the county court. Dennis Jessen (Jessen) filed an action for forcible entry and detainer in the county court, and the county court dismissed the case without prejudice because the Complaint for Forcible Entry and Detainer sought "an amount in excess of the monetary jurisdiction ($7,000.00) of this court." The Order Dismissing Case was entered in response to a Motion to Dismiss Plaintiff's Forcible Entry and Detainer Action, filed on behalf of Randy Burry and DeVota Burry (the Burrys). Jessen appealed the dismissal to the district court, and the district court entered an Order Affirming Dismissal for Failure to Meet the Jurisdictional Amount in the County Court. This Court then granted the Plaintiff's Petition for Writ of Certiorari. We reverse the Order Affirming Dismissal for Failure to Meet the Jurisdictional Amount in the County Court entered in the district court, and the Order Dismissing Case entered in the county court, and remand the case for further proceedings consistent with this opinion.

The Appellant's Brief in Writ of Certiorari From the District Court's August 16, 1999, Order Affirming Dismissal for Failure to Meet the Jurisdictional Amount of County Court filed by Jessen offers this statement of the issues:

1. Was the amount sought in the complaint for Forcible entry & detainer action beyond the monetary jurisdiction of the court?

2. Was the court required to find amount of rent due, issue judgement [sic] for said amount and return possession of the property to Plaintiff?

The Respondent's Brief, filed on behalf of the Burrys, states the issue as:

Whether the district court's decision affirming the county court's ruling dismissing the forcible entry and detainer action for lack of jurisdiction was proper under Wyoming law.

Jessen commenced this action on May 27, 1999 when he filed a Complaint for Forcible Entry and Detainer in the County Court of

13 P.3d 1120

Laramie County. Jessen sought relief in the form of a writ of restitution restoring the leased premises to him and judgment in the amount of $21,061.26 plus court costs of $50.00. The Burrys filed a Motion to Dismiss Plaintiff's Forcible Entry and Detainer Action asserting among other grounds that the action was outside the subject matter jurisdiction of the county court because of the prayer for recovery in an amount exceeding $7,000.00. The Burrys relied upon the jurisdictional limits articulated in Wyo.Stat. Ann. § 5-5-131(a) (Lexis 1999),⁴ and the county court entered its Order Dismissing Case without prejudice because an amount in excess of the court's monetary jurisdictional limit of $7,000.00 was sought. Jessen appealed the Order Dismissing Case to the district court, and that court affirmed the county court. Jessen then petitioned this Court seeking a writ of certiorari, and the petition was granted on October 7, 1999

Jessen's argument is premised upon his contention that the dismissal in the county court was improper because pursuant to Wyo.Stat.Ann. § 5-5-131(a)(v), the county court is vested with exclusive original civil jurisdiction over "[a]ctions for forcible entry or detainer as provided by W.S. X-XX-XXXX through X-XX-XXXX * * *." The Burrys respond by reiterating their contention that because the monetary jurisdiction of the county court is limited to actions for amounts not exceeding $7,000.00 pursuant to Wyo. Stat.Ann. § 5-5-131(a)(i), the action properly was dismissed as exceeding the subject matter jurisdiction of the county court. The Burrys assert that jurisdiction is properly found in the district court because, pursuant to Wyo. Const. art. 5, § 10, the district courts have original jurisdiction when no other court has exclusive jurisdiction.

The controversy arises because of conflicting interpretations of Wyo.Stat.Ann. § 5-5-131(a). When statutes appear to conflict, our charge is to attempt to harmonize them so as...