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Case No. 19-1042

Acterra Group, Inc.
Kick Group Technologies (USA) Inc.


Acterra Group, Inc.


Kick Group Technologies (USA) Inc.

Attorney for the Appellant

Sherry L. Schulte and William T. McCartan

Attorney for the Appellee

Christopher P. Jannes and Daniela Talmadge

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jun 03, 2020

            Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (6 pages)

            Acterra Group, Inc., (Acterra) appeals a district court order dismissing its petition for lack of personal jurisdiction.  Acterra argues the district court improperly raised the personal jurisdiction issue sua sponte and that the contract’s forum selection clause was not exclusive.  OPINION HOLDS: Although district courts have the power to dismiss claims sua sponte, that limited power does not extend to issues outside the contemplation of the parties.  Because there is no record the parties ever raised the issue of personal jurisdiction before the court, we reverse the dismissal and remand to the district court for further proceedings. 

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