Estate of Roberta Ann Butterfield by Bradley Dean Butterfield and Deanne Marie Rogers, Co-Adminstrators
v.
Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home #3 and Chautauqua Guest Homes
The plaintiffs seek further review after the court of appeals affirmed the district court’s dismissal of their claims against a skilled nursing facility for failure to provide a certificate of merit affidavit pursuant to Iowa Code section 147.140 (2020). The plaintiffs contend section 147.140 does not require the filing of a certificate of merit affidavit regarding causation. If such an affidavit is required, plaintiffs argue (1) the parties impliedly contracted out of the requirement, (2) defendants waived the requirement, and (3) defendants should be estopped from dismissal.
Applicant
Estate of Roberta Ann Butterfield by Bradley Dean Butterfield and Deanne Marie Rogers, Co-Adminstrators
Resister
Chautauqua Guest Home, Inc. d/b/a Chautauqua Guest Home #3 and Chautauqua Guest Homes
Attorneys for the Applicant
Jeffrey A. Pitman
John T. Hemminger
Attorney for the Resister
Joseph D. Thornton
Supreme Court
Oral Argument Schedule
15-15-5
Jan 18, 2023 9:00 AM
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 Floyd County, Colleen D. Weiland, Judge. AFFIRMED. Considered by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (9 pages)
The Estate of Roberta Ann Butterfield appeals the district court’s dismissal of its claims against Chautauqua Guest Home, Inc. for failure to provide a certificate of merit affidavit pursuant to Iowa Code section 147.140 (2020). The Estate contends it was not required to submit an affidavit under the statute, and if such an affidavit was required, then (1) the parties impliedly contracted out of the requirement, (2) Chautauqua waived the requirement, (3) the Estate substantially complied with the requirement, and/or (4) Chautauqua should be estopped from dismissal. OPINION HOLDS: Finding an affidavit was required and failure to supply one was not relieved by the actions of either party, we affirm the dismissal.