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Rodriguez v. Suzuki Motor Corp.6/1/1999
"alternative and independent ground" for jurisdiction. But these alternatives are mutually exclusive. If this Court has exclusive jurisdiction then it may not, by definition, transfer the cause from the court of appeals, and, conversely, if the cause is ordered to be transferred to this Court, then that requires a holding that jurisdiction was originally proper in the court of appeals.
This is no mere semantic distinction. Where, as here, a party who has previously received a favorable ruling from this Court goes to great lengths to acquire jurisdiction in this Court and the opposing party equally strenuously opposes our jurisdiction, this Court must be clear as to the basis by which it exercises its power. It is one thing to hold that this Court has no choice but to entertain this appeal. But to exercise discretionary jurisdiction against one party, without even identifying what questions the Court considers to be "of general interest and importance," borders on the arbitrary. As the principal opinion notes, Suzuki has, throughout this litigation, argued that the case presented matters of general interest and importance. It is equally true, however, that Suzuki's chief claim to importance of this case is based upon the size of the verdicts rendered against it. None of Suzuki's numerous jurisdictional allegations in this appeal and in Rodriguez I have failed to mention, usually in the first line, the exact eight-figure damages awards it has been found liable for. None of these jurisdictional statements mention any substantive ground for jurisdiction before remarking on the "stunning $25 million compensatory award," or decrying the jury's "runaway verdict." It can hardly be doubted that Suzuki has concluded that the size of a verdict is what renders an appeal of interest to this Court. If the Court exercises its power to transfer this cause without even identifying the supposedly important questions of law it decides, the impression that it is the size of the verdict which is important is reinforced. In my view, the size of a verdict has no bearing on the general interest or importance of a question of law and I would not exercise this Court's power to transfer this case prior to opinion.
It is important to resolve the basis of this Court's jurisdiction for a more practical reason as well. Because the principal opinion determines that there will be a third trial in this case, and because it determines that the constitutional questions raised by Suzuki are real and substantial, but declines to answer them, the Court has ensured that any appeal from Rodriguez III will proceed before this Court and not before the court of appeals.
Suzuki's claims to this Court's jurisdiction are a pretense. None of the three statutes Suzuki purports to challenge substantively affected this litigation in any way detrimental to Suzuki, and Suzuki, therefore, has no standing to contest their constitutionality. This Court has no jurisdiction over this appeal, and this matter should be transferred to the court of appeals. Given that the Court has, nevertheless, determined to exercise jurisdiction over this appeal, I will respond to the two points upon which the judgment is reversed.
II.
The principal opinion concludes that section 490.220 creates a special rule abrogating the common law of public records for non-Missouri documents, a Conclusion that is completely inconsistent with the history of this provision. The General Assembly enacted this section in 1855 to deal with a specific, narrow problem. In order to enforce the Full Faith and Credit Clause, Congress had passed a law requiring that:
All records and exemplifications of office books, which are or may be ke
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