EX PARTE ALLSTATE INS. CO.

83-29.

443 So.2d 939 (1983)

Ex parte ALLSTATE INSURANCE COMPANY. (In re Kenneth SALTER v. ALLSTATE INSURANCE CO.).

Supreme Court of Alabama.

December 22, 1983.


Attorney(s) appearing for the Case

Oliver J. Latour, Jr., of Reams, Wood, Vollmer, Philips, Killion & Brooks, Mobile, for petitioner.

William H. Saliba, Mobile, for respondent.


MADDOX, Justice.

The issue presented here is whether a plaintiff who files a claim in district court to recover $5,000 in damages, and who recovers only $25 in damages in the district court, can appeal to circuit court and claim damages in excess of $5,000, the jurisdictional limit of the district court. We answer the question in the negative, and grant a writ of mandamus directing the circuit court to limit the plaintiff's claim to $5,000.

Petitioner Allstate...

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