Bell v. Pro Tune Plus

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Bobby Bell filed an action in small claims court against Pro Tune Plus for damages to his vehicle. Pro Tune responded to the claim, and filed the correct documents to remove the action to the district court. After Bell attempted to amend his claim in the district court, the district court remanded the case to small claims court because it appeared that the claim affidavit and answer from small claims had not been filed with the district court as required by N.D.C.C. 27-08.1-04. Bell moved under N.D.R.Civ.P. 60(a) to correct the record because the clerk had apparently mistakenly failed to file the documents for removal. Bell asked the district court to vacate its order for remand. The district court denied Bell's motion to correct the record, holding Bell did not have a right to remove the action to the district court and, because Pro Tune did not oppose remand, Bell would need to seek dismissal without prejudice from the small claims court in order to return to the district court. Bell then appealed the district court's order remanding the case to small claims court. Upon review, the Supreme Court reversed and remanded, concluding the district court erred by remanding the case to small claims court. "Once the action is properly before the district court, the defendant does not have the option to choose whether or not to remand the case to small claims court. Just as the plaintiff's decision to proceed in small claims court is irrevocable, so is the defendant's decision to remove the action to district court. The district court did not have the authority to decline jurisdiction over an action properly before it." View "Bell v. Pro Tune Plus" on Justia Law