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Case No. 17-0718

Thunder & Lightning, Inc.
v.
435 Grand Avenue, LLC, d/b/a 435 E. Grand Ave., LLC, Santokh Nagra, Peter Sand, and Loyd Ogle

Appellant

Thunder & Lightning, Inc.

Appellee

435 Grand Avenue, LLC, d/b/a 435 E. Grand Ave., LLC, Santokh Nagra, Peter Sand, and Loyd Ogle

Attorneys for Appellant

Cornelius S. Qualley

Attorneys for Appellee

Paul J. Statler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0718
Date Published:
Nov 07, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  REVERSED AND REMANDED; WRIT ANNULLED.  Heard by Danilson, C.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (17 pages)

            This appeal consolidates Thunder & Lightning, Inc.’s direct appeal of the order dismissing its trespass claims against the defendants and a certiorari action concerning an order awarding sanctions against Thunder & Lightning and its attorney for violating Iowa Rule of Civil Procedure 1.413.  OPINION HOLDS: I. Because the defendants entered the leased premises without consent, Thunder & Lightning proved the defendants committed trespass.  Accordingly, we reverse the dismissal of its claims for trespass and conspiracy to commit trespass and remand to the district court to determine the amount of Thunder & Lightning’s damages.  II. Because the district court did not abuse its discretion in sanctioning Thunder & Lightning and its attorney for violating rule 1.413 by failing to conduct a reasonable inquiry before initiating a contempt action, we annul the writ of certiorari.

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