For summaries from opinions prior to August, 2018, view PDF versions here.
Thunder & Lightning, Inc.
v.
435 Grand Avenue, LLC, d/b/a 435 E. Grand Ave., LLC, Santokh Nagra, Peter Sand, and Loyd Ogle
Appellant
Thunder & Lightning, Inc.
Appellee
435 Grand Avenue, LLC, d/b/a 435 E. Grand Ave., LLC, Santokh Nagra, Peter Sand, and Loyd Ogle
Attorney for the Appellant
Cornelius S. Qualley
Attorney for the Appellee
Paul J. Statler
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge. REVERSED AND REMANDED; WRIT ANNULLED. Heard by Danilson, C.J., and Potterfield and Doyle, JJ. Opinion by Doyle, J. (17 pages)
This appeal consolidates Thunder & Lightning, Inc.’s direct appeal of the order dismissing its trespass claims against the defendants and a certiorari action concerning an order awarding sanctions against Thunder & Lightning and its attorney for violating Iowa Rule of Civil Procedure 1.413. OPINION HOLDS: I. Because the defendants entered the leased premises without consent, Thunder & Lightning proved the defendants committed trespass. Accordingly, we reverse the dismissal of its claims for trespass and conspiracy to commit trespass and remand to the district court to determine the amount of Thunder & Lightning’s damages. II. Because the district court did not abuse its discretion in sanctioning Thunder & Lightning and its attorney for violating rule 1.413 by failing to conduct a reasonable inquiry before initiating a contempt action, we annul the writ of certiorari.