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Case No. 17-1198

Jaks Properties, LLC
St. Croix Hospice, LLC


Jaks Properties, LLC


St. Croix Hospice, LLC

Attorneys for the Appellant

Justin J. Dalton
David Wetsch

Attorney for the Appellee

Sarah K. Franklin and Elizabeth R. Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 07, 2018

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  REVERSED WITH DIRECTIONS.  Heard by Danilson, C.J., and Potterfield and Doyle JJ.  Opinion by Danilson, C.J. (19 pages)

            JAKS Properties, LLC appeals from the district court’s adverse ruling on cross-motions for summary judgment in its suit against St. Croix Hospice, LLC.  OPINION HOLDS: We conclude St. Croix did not waive arbitration procedures, St. Jude Healthcare, LLC is a necessary party to this action, and the proper relief for failing to bring in a necessary party is for the court to order the party brought in.  Because the court dismissed the action, we reverse and remand to the district court with directions to order St. Jude brought into the suit.

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