Jahn Patric Kirlin and Sara Louise Kirlin
v.
Barclay A. Monaster, Christian William Jones, and Physicians Clinic, Inc., d/b/a Methodist Physicians Clinic- Council Bluffs
Jahn Kirlin and Sara Kirlin appeal from the district court’s grant of summary judgment in favor of Dr. Barclay Monaster, Dr. Christian Jones, and Physicians Clinic, Inc. d/b/a Methodist Physicians Clinic-Council Bluffs. The district court found a lack of substantial compliance with Iowa Code section 147.140(1) in the Kirlins’ certificates of merit in their previous lawsuit against the same defendants, which the Kirlins voluntarily dismissed. Consequently, the court dismissed the Kirlins’ present suit pursuant to section 147.140(6). The Kirlins argue the court erred by reviewing the certificates of merit from the prior lawsuit by making an exception to a plaintiff’s typical unconditional right to voluntarily dismiss a lawsuit any time up to 10 days prior to trial pursuant to Iowa Rule of Civil Procedure 1.943.
Appellant
Jahn Patric Kirlin and Sara Louise Kirlin
Appellee
Barclay A. Monaster, Christian William Jones, and Physicians Clinic, Inc., d/b/a Methodist Physicians Clinic- Council Bluffs
Attorneys for the Appellant
Kelly N. Wyman
Dean T. Jennings
Attorneys for the Appellee
Frederick T. Harris
Bryony J. Whitaker
Robert A. Mooney
Betsy Seeba-Walters
Supreme Court
Oral Argument Schedule
15-15-5
Nov 16, 2022 9:00 AM
