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Case No. 21-1759

Scott Brown
v.
City of Red Oak

County:
Montgomery

Appellant

Scott Brown

Appellee

City of Red Oak

Attorneys for Appellant

Brian E. Tackett

Attorneys for Appellee

Brianna Sorensen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1759
Date Published:
Nov 17, 2022
Summary

            Appeal from the Iowa District Court for Montgomery County, Jeffrey L. Larson, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Scott Brown appeals the district court’s denial of his motion for leave to amend his petition against the City of Red Oak.  He contends the proposed amendment would not substantially change the issues before the court or unfairly surprise the defendant.  OPINION HOLDS: Although a district court has broad discretion in deciding whether to grant leave to amend pleadings, we find that discretion was abused here.  Accordingly, we reverse the ruling of the district court and remand for further proceedings consistent with this opinion.

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