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Case No. 18-1966

Benskin, Inc.
v.
West Bank

Benskin, Inc., appeals from the district court’s order dismissing its claims, arguing the court applied the wrong statute of limitation and erred in finding Benskin failed to allege publication of a slander of title.

County:
Polk

Resisters

Benskin, Inc.

Applicants

West Bank

Attorneys for Resisters

S.P. DeVolder
William W. Graham

Attorneys for Applicants

Thomas L. Flynn
Dennis P. Ogden

Supreme Court

Oral Argument Schedule

15-15-5

Nov 18, 2020 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-1966
Date Published:
Dec 23, 2020
Date Amended:
Mar 04, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1966
Date Published:
Mar 04, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Benskin, Inc. (Benskin) appeals the district court decision dismissing its action against West Bank.  The court found Benskin’s claims of breach of contract and fraud were barred by the statute of limitations and its claim of slander of title failed to state a claim upon which relief could be granted.  OPINION HOLDS: Benskin’s petition adequately alleged the doctrine of equitable estoppel as a response to West Bank’s statute of limitations defense to make dismissal of the claims of breach of contract and fraud improper.  Also, the petition adequately apprised West Bank of the claim of slander of title, making dismissal of this count for failure to state a claim upon which relief may be granted improper as well.  We reverse the decision of the district court and remand for further proceedings.

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