The Estate of Lewis v. Looney
The Estate of Penelope Lewis, Plaintiff-Appellant,
vs.
Brian Michael Looney and Fastenal Company, Defendants-Appellees,
Corey Mitchell, Third-Party Defendant.
Attorney for Appellant
John J. Rausch
Attorney for Appellees
James W. Bryan
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Tamra Roberts, Judge. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS. Heard by Bower, C.J., and Buller and Langholz, JJ. Opinion by Bower, C.J. (11 pages)
The Estate of Lewis appeals the dismissal of its negligence action against Brian Looney. OPINION HOLDS: The district court erred in concluding it was without jurisdiction to proceed. Rather, the question is whether the court lacked authority. Because we conclude the court did have authority to continue the trial and the defense’s complaint came too late where it was aware of the closing of the estate and made no complaint during pretrial motions, jury selection, opening statements, and two full days of testimony, we reverse and remand for further proceedings.
