GreatAmerica Financial Services Corp.
v.
Natalya Rodionova Medical Care, P.C.
Defendant appealed from a district court ruling granting plaintiff a summary judgment on plaintiff’s claim defendant breached a contract concerning the lease of office equipment by failing to make required payments. The district court rejected defendant’s contention it did not enter the agreement, finding defendant had ratified the contract by accepting the equipment and making several payments. The court of appeals reversed and remanded for further proceedings, finding plaintiff had not established ratification as a matter of law. Plaintiff seeks further review.
Applicant
GreatAmerica Financial Services Corp.
Resister
Natalya Rodionova Medical Care, P.C.
Attorneys for the Applicant
Randall D. Armentrout
Leslie C. Behaunek
Attorney for the Resister
Larry J. Thorson
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 15, 2020 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge. REVERSED AND REMANDED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. Dissent by Greer, J. (21 pages)
GreatAmerica seeks to enforce a “hell or high water” clause against an entity, Natalya Rodionova Medical Care, P.C. (NRMC), which has submitted evidence the signature on the financing contract is a forgery and that it did not accept or ratify the contract. OPINION HOLDS: Viewing the record in the light most favorable to NRMC, the district court erred in finding GreatAmerica proved ratification as a matter of law. There are genuine issues of material fact concerning ratification that preclude summary judgment. DISSENT ASSERTS: Based on the undisputed facts, I believe the district court correctly granted summary judgment against NRMP. I would affirm the summary judgment ruling and enter judgment accordingly.