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RE/Max Real Estate Partners3/20/2003
accounting, to wit, misappropriation of Lindsley's funds by the defendants' agent, the chancery court properly assumed pendent jurisdiction over them. Thus, the chancellor did not err in denying the defendants' motion to transfer this case to circuit court.
CONCLUSION
. Because this case will turn on the outcome of the accounting and because chancery courts have historically had jurisdiction over claims for accounting, we affirm the chancellor's denial of the defendants' motion to transfer, and we remand this case to the chancery court for further proceedings consistent with this opinion.
. AFFIRMED AND REMANDED.
PITTMAN, C.J., McRAE, P.J., EASLEY AND GRAVES, JJ., CONCUR.
WALLER, J., DISSENTS WITH SEPARATE WRITTEN OPINION JOINED BY SMITH, P.J., COBB AND CARLSON, JJ.
WALLER, JUSTICE, DISSENTING:
. Because the chancellor committed error by denying the defendants' motion to transfer to circuit court, I respectfully dissent.
. The allegations in the complaint pertain to Wheat's alleged breach of contract with Lindsley, ReMax's alleged failure to supervise Wheat, and Wheat's alleged conversion of Lindsley's money, civil causes of action which are historically filed in circuit, not chancery, court. See Southern Leisure Homes, Inc. v. Hardin, 742 So.2d 1088, 1090 (Miss. 1999) (breach of contract claims properly heard in circuit courts); Robertson v. Evans, 400 So. 2d 1214, 1215 (Miss. 1981) (Courts of equity should not assume jurisdiction over claims for personal injury ). A mere request for accounting does not confer jurisdiction on the chancery court; indeed, any needed accounting is easily developed during discovery in circuit court.
.Under the Mississippi Constitution, chancery courts are courts of limited jurisdiction and may hear all matters in equity, divorce and alimony, matters testamentary and of administration, minors; business, cases of idiocy, lunacy, and persons of unsound mind, and all cases under the laws in force at the time of the adoption of Constitution. Miss. Const. art. 6 § 159(a)-(f) (1890). Circuit courts, on the other hand, are courts of general jurisdiction, having 'original jurisdiction in all matters civil and criminal in this state not vested in another court.' Id. § 156. Lawrence County Sch. Dist. v. Brister, 823 So. 2d 459, 460 (Miss. 2001).
. Because this matter should have been brought in the circuit court, I would reverse and remand for a transfer to the appropriate circuit court.
SMITH, P.J., COBB AND CARLSON, JJ., JOIN THIS OPINION.
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