Wilson v. Iowa Dist. Court, 64271

• Decision Date: 15 October 1980
• Docket Number: No. 64271,64271
• Citation: 297 N.W.2d 223
• Parties: James WILSON, Plaintiff, v. IOWA DISTRICT COURT, Defendant.
• Court: Iowa Supreme Court

Page 223

297 N.W.2d 223

James WILSON, Plaintiff, v. IOWA DISTRICT COURT, Defendant.

No. 64271.

Supreme Court of Iowa.

Oct. 15, 1980.

Robert M. Jilek and Gregory M. Lederer of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for plaintiff.

Robert C. Nelson of Ruffin, Nelson, Fassler, Mitchell & Kimm, Cedar Rapids, for defendant.

Considered by UHLENHOPP, P. J., and HARRIS, McCORMICK, LARSON, and SCHULTZ, JJ.

UHLENHOPP, Justice.

We granted a writ of certiorari to determine whether a district judge possesses subject matter jurisdiction to hear and decide an appeal from a judgment rendered by a district associate judge in a civil action which began as a small claim but was later transferred and then tried by regular proceedings. The case is governed by statutes which appear in the Code of 1979.

James Wilson had a garage with a leaky roof. Paul T. Rentzel contracted with him to repair the roof for $1250. Rentzel worked on the roof but the leaks continued; he then did additional work but still did not stop the leaks. Wilson thereafter employed another roofer, who fixed the roof for $1000.

Wilson sued Rentzel for $1000 in a small claims proceeding. Rentzel counterclaimed for $1250. When the case came before the court for hearing, the court entered an order which recited: "Defendant's counsel requests transfer to regular proceeding in District Court, Plaintiff resists because of witnesses available. Defendant's request sustained, clerk directed to transfer cause from Small Claims docket 1 SW 6368 case."

The case thereupon came before a District Judge. The Judge noted that the case had been transferred from small claims because it involved a counterclaim for $1250. He stated that claims between $1000 and $3000 were being transferred to district associate judges, but that arrangements had been made for a full-time magistrate to try this case. The procedure would have been the same whether the case was tried by either of those judicial officers; the case was, however, eventually tried by a District Associate Judge.

After trial, the District Associate Judge initially recited in her decision, "The matter was tried by regular formal procedure for the reason that the counterclaim exceeded the $1,000 small claim jurisdiction." The court found for Wilson, awarded him $1000 and interest, and dismissed the counterclaim.

Rentzel thereupon appealed "to the District Court of Iowa," stating that "the matter will come on in accordance with the Appellate Rules governing Small Claim matters." The appeal was submitted to a District Judge for Decision, who found that neither party was entitled to recover and dismissed the claim and the counterclaim.

Wilson filed a post-trial motion. In ruling on the motion, the District Judge stated at the outset:

Upon reviewing the Motion, it seems to indicate that the case was conducted by ordinary proceedings because of the Counterclaim in excess of $1,000. If such be the case, it would appear that this should not have been appealed to District Court, but should have been appealed to the Supreme Court, and it was not a Small Claims case originally; however, it might be pointed out that the Counterclaimant did not appeal.

The court adhered to its original decision and overruled the motion.

Wilson then sought review by us, and we granted a writ of certiorari.

I. Chapter 631 of the Iowa Code prescribes a simple, swift, and inexpensive procedure

for hearing and determining civil claims for money not exceeding $1000 and for some forcible entry cases. § 631.1, The Code 1979. Part- and full-time magistrates, district associate judges, and district judges may entertain these cases, but frequently the cases are handled by magistrates. §§ 602.4, 602.32, 602.60, 631.2(1). An expeditious form of appeal to a district judge is provided in these cases. § 631.13. Further appeal is permitted to the supreme court but only on discretionary review. § 631.16. If the present case had involved only a small claim and had been heard and decided as such, the initial course taken by Rentzel would have been correct: appeal to a district judge.

II. When Rentzel interposed his counterclaim exceeding $1000, however, section 631.8(4) came into play:

4. In small claims actions, a counterclaim, cross claim, or intervention in a greater amount than that of a small claim shall be in the form of a regular pleading. A copy shall be filed for each existing party. New parties, when permitted by order, may be brought in under rule 34 of the rules of civil procedure and shall be given notice under the rules of civil procedure pertaining to commencement of actions. The court shall either order such counterclaim, cross claim, or intervention to be tried by regular procedure and the other claim to be heard under this division, or order the entire action to be tried by regular procedure.

The judicial officer before whom the case originally came properly transferred the entire case from the small claims docket, since the claim and counterclaim both arose out of the same transaction and the counterclaim exceeded $1000. This meant that the case was no longer a small claim for disposition under chapter 631; it was to be tried by "regular procedure." 631.8(4). Since the amount in controversy on one side of the case exceeded $1000, the case exceeded the jurisdiction...