Miller v. Collins

Summary

The court held that the small claims division lacked subject matter jurisdiction to decide ownership of a dog because the claim was substantively an action seeking replevin, not a money-only claim or a claim involving leased or rented property. Because the small claims judgment was not appealable, mandamus was appropriate to correct the jurisdictional defect. The court granted the petition, vacated the judgment, and remanded with instructions to dismiss without prejudice.