Case No. 23-1085

Labor Force, Inc.
v.
Active Thermal Concepts, Inc., and Active Holdings Group, Inc.

Appellee

Labor Force, Inc.

Appellant

Active Thermal Concepts, Inc., and Active Holdings Group, Inc.

Attorney for the Appellee

Paul J. Bieber

Attorney for the Appellant

John G. Daufeldt and John C. Wagner

Court of Appeals

Court of Appeals Opinion

Summary

            Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (12 pages)

            Active Thermal Concepts, Inc. and Active Holdings Group, Inc. appeal a summary-judgment ruling that they breached a contract with Labor Force, Inc. for temporary employees.  OPINION HOLDS: Active’s disputes over the form of Labor Force’s summary judgment filings lack merit—Labor Force’s motion was timely, it contained a statement of undisputed facts, and any failure by Labor Force to expressly specify which of Active’s facts it was disputing in resistance to Active’s competing motion did not require the court to grant Active’s motion.  So too do Active’s substantive arguments fail—the summary-judgment evidence showed the parties intended for the contract to include services to Active Holdings, Labor Force substantially performed its contractual duties to the extent possible, and Labor Force incurred damages from Active’s breach.  We thus affirm the district court’s grant of summary judgment to Labor Force.