Conner v. Rose

Present:   All the Justices

ANNIE CONNER
                                OPINION BY JUSTICE LEROY R. HASSELL, SR.
v.   Record No. 951836                      June 7, 1996

JAMES M. ROSE

                FROM THE CIRCUIT COURT OF HENRICO COUNTY
                          James E. Kulp, Judge


     Code § 8.01-380(A) contains a limitation which provides that

"[a]fter a nonsuit no new proceeding on the same cause of action

or against the same party shall be had in any court other than

that in which the nonsuit was taken, unless that court is without

jurisdiction."        In this appeal, we consider whether Code § 8.01-

380(A) permits a plaintiff to nonsuit an action in a general

district court and to refile that action in a circuit court,

claiming damages in excess of the jurisdiction of the general

district court.
     In 1994, Annie Conner filed an action against James M. Rose

in the Richmond City General District Court.            Conner alleged in

her warrant in debt that she had purchased a home from Rose and

that he breached certain warranties that he had made to her.

Conner sought damages in the amount of $4,000.

     On Rose's motion, the action was transferred to the Henrico

County General District Court.         Subsequently, Conner nonsuited her

action in that court and refiled her action in the Circuit Court

of Henrico County.         Her motion for judgment included causes of

action for breach of warranty and fraud in connection with the

purchase   of   the    house.    She   sought   compensatory   and   punitive

damages totaling $11,000.
     Relying    upon   Code    § 8.01-380(A),        Rose    requested     that   the

circuit court transfer Conner's action to the general district

court.     Rose argued, and the trial court held, that Code § 8.01-

380(A)    requires   that    Conner     refile    her    action    in    the   general

district court because her nonsuit was taken in that court.                        We

awarded Conner an appeal.

     Conner asserts that Code § 8.01-380(A) permits her to file

her action in the circuit court because the ad damnum clause in

her motion for judgment exceeds the jurisdictional limit of the

general district court and, therefore, the general district court

lacks jurisdiction over her action.              We agree.
     The    applicable      statutory    language       quoted    in    Code   § 8.01-

380(A) is clear and unambiguous and, therefore, we apply its plain

meaning.     Barr v. Town & Country Properties, Inc., 240 Va. 292,

295, 396 S.E.2d 672, 674 (1990).             This language permits Conner to

refile her action in the circuit court because the ad damnum

clause in her motion for judgment exceeds the general district

court's    jurisdictional      limit    of   $10,000,       see   Code    § 16.1-77.

Therefore, the general district court is without jurisdiction to

adjudicate her claims.

     Accordingly, we will reverse the judgment of the trial court

and remand this case for further proceedings.

                                                          Reversed and remanded.