GreatAmerica Financial Services Corporation
v.
Personal Touch Medical Mangement, Inc. and Marisol Aponte
Appellee
GreatAmerica Financial Services Corporation
Appellant
Personal Touch Medical Mangement, Inc. and Marisol Aponte
Attorney for the Appellee
Randall D. Armentrout and Leslie C. Behaunek
Attorney for the Appellant
Peter C. Riley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. REVERSED AND REMANDED. Heard by Bower, C.J., and May and Greer, JJ. Opinion by Bower, C.J. Special concurrence by May, J. Concurrence in part and dissent in part by Greer, J. (19 pages)
The defendants appeal an adverse summary judgment ruling in this breach-of-contract action. OPINION HOLDS: Because GreatAmerica Financial Services Corp. has not proved a breach of contract as a matter of law, we reverse and remand for further proceedings. In addition, because summary judgment was improperly granted, we vacate the award of attorney fees. SPECIAL CONCURRENCE ASSERTS: We should reverse for three reasons. First, the Software Finance Agreement should be enforced as written, and the defendants were not named parties to the Agreement. Second, the current record does not support reformation. Third, under the facts of this case, ratification cannot substitute for reformation. PARTIAL DISSENT ASSERTS: I respectfully dissent in part; I would affirm the district court ruling granting GreatAmerica summary judgment against Personal Touch Medical Management, Inc. (PTMM) but, like the majority, would reverse as to Marisol Aponte. By its actions, PTMM ratified and agreed to be bound to the agreement for such software; ratification of that contract occurred when PTMM accepted the software and paid GreatAmerica for the software over many months. We have no similar record as to Aponte or that she agreed to be personally liable.