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Case No. 23-0459

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

Aspire of Pleasant Valley v. Creighton


Riverview SNF Operator LLC d/b/a Aspire of Pleasant Valley, Plaintiff-Appellant

Marilyn Creighton and Brenda Joyce Creighton-Wilson, in her capacity as Representative and Power of Attorney for Marilyn Creighton, Defendants-Appellees

Attorneys for Appellant

Rebecca A. Brommel

Joshua D. Hughes

Attorney for Appellees

R. Douglas Wells

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 08, 2024

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  APPEAL DISMISSED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (8 pages)

            Aspire of Pleasant Valley appeals the district court’s order dismissing its claim against an agent under her mother’s power of attorney.  OPINION HOLDS: Because the person named as agent in the power of attorney does not and cannot serve as agent any longer, the issue whether an agent can be sued in the agent’s representative capacity is now moot.  As neither the voluntary-cessation or public-importance exceptions to the mootness doctrine apply, we dismiss the appeal.

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