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Case No. 18-1932

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

Attorneys for Appellee

Randall D. Armentrout and Leslie C. Behaunek

Attorneys for Appellant

Peter C. Riley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1932
Date Published:
Feb 19, 2020
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.

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