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Case No. 17-1487

For summaries from opinions prior to August, 2018, view PDF versions here

J.R., a minor by her next friend, TaNeale Towner
v.
Michael G. Rush and Ann M. Rush

Appellant

J.R., a minor by her next friend, TaNeale Towner

Appellee

Michael G. Rush and Ann M. Rush

Attorneys for Appellant

Glenn A. Metcalf

Attorneys for Appellee

Elizabeth A. Row

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1487
Date Published:
Aug 15, 2018
Summary

           Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J. (8 pages)

           J.R. appeals from the order denying her motion for summary judgment on her conversion claim and granting dismissal in favor of defendants.  OPINION HOLDS: Neither party has established entitlement to dismissal or summary judgment on the conversion claim.  Reading the petition in the light most favorable to J.R., we cannot conclude her claim could not be sustained under any state of facts provable under the petition.  Dismissal was not appropriate.  On the other hand, the facts presented establish, at least minimally, the existence of a disputed material fact regarding the conversion claim.  Summary judgment was not appropriate.  We reverse the district court order granting defendants’ motion to dismiss, affirm the denial of J.R.’s motion for summary judgment, and remand for further proceedings. 

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