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United States Fidelity & Guaranty Co. v. Estate of Francis8/29/2002
ubject matter jurisdiction subsequently attached for claims arising out of the same subject matter. In Cossitt, the majority reasons that because Cossitt counterclaimed for punitive damages, all issues of law and equity were contained within a single action before the chancellor. The majority reasons that the case sub judice is distinguishable since Francis/Draper filed a separate action, as opposed to a counterclaim. However, whether Francis/Draper filed a counterclaim or a separate action, the subject matter remained the same and jurisdiction appropriately remained with the chancery court. Cossitt's claim arose out of the same subject matter, just as the Francis/Draper claim arose out of the same subject matter. When new claims arise, the issue of whether to retain jurisdiction is based on whether the subject matter remains the same. This is the law according to Serio and Cossitt.
. Despite USF&G;s efforts to transfer the case to circuit court, USF&G;chose to invoke the jurisdiction of the chancery court by initiating the original interpleader action there. It should be noted that USF & G never requested a jury trial. Had it desired one, the chancery court could have accommodated its request for a jury. Branaman v. Long Beach Water Management Dist., 730 So.2d 1146, 1151 (Miss.1999). In accordance with Article 6, ยง 147 of the Mississippi Constitution, the majority reaches the same outcome in allowing the judgment to stand, despite its finding that the chancery court otherwise lacked jurisdiction. Based on the understanding that the subject matter remained the same, I would hold that the chancery court acted appropriately in retaining jurisdiction.
McRAE, P.J., AND GRAVES, J., JOIN THIS OPINION.
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