Andrew Gerth
v.
Iowa Business Growth, Inc. and Dan Robeson
Appellant
Andrew Gerth
Appellee
Iowa Business Growth, Inc. and Dan Robeson
Attorney for the Appellant
Erik S. Fisk (until withdrawal) and John F. Fatino
Attorney for the Appellee
Abigail L. Thiel and Gary R. Fischer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED IN PART AND REVERSED IN PART. Heard by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Potterfield, J. (13 pages)
Andrew Gerth appeals the partial dismissal of his second lawsuit (No. LACL138027) and the complete dismissal of his third lawsuit (No. LACL138196) by the district court. Gerth challenges the district court’s ruling that he was attempting to resurrect the same claims from his first lawsuit with the amendment to his second lawsuit. He also challenges the district court’s dismissal of his third lawsuit, a copy of his first lawsuit; he argues the savings statute of Iowa Code section 614.10 (2016) is applicable to revive his dismissed first lawsuit. OPINION HOLDS: Because Gerth does not challenge the district court’s actual reason for dismissing his age-discrimination claims in his second lawsuit, and because the argument he makes on appeal was not presented to the district court on this record, we affirm the district court’s partial dismissal of Gerth’s second lawsuit (No. LACL138027). Additionally, because the savings statute is not applicable to Gerth’s third lawsuit (No. LACL138196), we affirm the district court’s dismissal. However, we reverse in part because each of the dismissals should be without prejudice.
