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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:
Summary
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.
