§50-4-11. Dismissal of actions for lack of jurisdiction.
If at any time a magistrate determines that an action involves
a matter outside of or an amount in excess of the jurisdiction of
the magistrate court, the action shall be dismissed without
prejudice. Judgment shall be awarded against the plaintiff in such
event for any costs incurred by defendant. A plaintiff may, at any
time before such dismissal, forgive in writing any amounts which
may be in excess of the monetary limitation of the court's
jurisdiction and confer jurisdiction thereby.