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Case No. 21-1759

Scott Brown
City of Red Oak



Scott Brown


City of Red Oak

Attorney for the Appellant

Brian E. Tackett

Attorney for the Appellee

Brianna Sorensen

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            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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