Opinion
Docket No. 149043. COA No. 308723.
2015-02-4
Linda C. HODGE, Plaintiff–Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant–Appellee.
Prior reports: ––– Mich. ––––, 853 N.W.2d 334; 304 Mich.App. 415, 849 N.W.2d 31.
Order
By order of September 26, 2014, this case was held in abeyance for Moody v. Home Owners Ins. Co. (Docket Nos. 149041, 149046). On the Court's own motion, we VACATE our abeyance order of September 26, 2014. On order of the Court, the application for leave to appeal the February 25, 2014 judgment of the Court of Appeals is again considered, and it is GRANTED, limited to the issues: (1) whether a district court is divested of subject-matter jurisdiction when a plaintiff alleges less than $25,000 in damages in his or her complaint, but seeks more than $25,000 in damages at trial, i.e., whether the “amount in controversy” exceeds $25,000 under such circumstances, see MCL 600.8301(1); and, if not, (2) whether such conduct nevertheless divests the district court of subject-matter jurisdiction on the basis that the amount alleged in the complaint was made fraudulently or in bad faith. See, e.g., Fix v. Sissung, 83 Mich. 561, 563, 47 N.W. 340 (1890).
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.