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Case No. 22-1450

The Estate of Lewis v. Looney

The Estate of Penelope Lewis, Plaintiff-Appellant,


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:
Nov 21, 2023

            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. 

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