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Acterra Group, Inc.
v.
Kick Group Technologies (USA) Inc.
Appellant
Acterra Group, Inc.
Appellee
Kick Group Technologies (USA) Inc.
Attorney for the Appellant
Sherry L. Schulte and William T. McCartan
Attorney for the Appellee
Christopher P. Jannes and Daniela Talmadge
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Mitchell E. Turner, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Mullins, J. (6 pages)
Acterra Group, Inc., (Acterra) appeals a district court order dismissing its petition for lack of personal jurisdiction. Acterra argues the district court improperly raised the personal jurisdiction issue sua sponte and that the contract’s forum selection clause was not exclusive. OPINION HOLDS: Although district courts have the power to dismiss claims sua sponte, that limited power does not extend to issues outside the contemplation of the parties. Because there is no record the parties ever raised the issue of personal jurisdiction before the court, we reverse the dismissal and remand to the district court for further proceedings.
