· 4/21/1982
M-Z Entersprises, Inc. v. Hawkeye-Security Insurance Co.
Citations
- 318 N.W.2d 408
- 1982 Iowa Sup. LEXIS 1350
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that parties should not rely on appellate court’s power of remand “as a substitute for careful trial preparation and presentation of evidence”
- holding party should not rely on court’s power to remand for new trial under Iowa Rule of Appellate Procedure 26 (now rule 6.26) “as a substitute for careful trial preparation and presentation of evidence”
- holding party should not rely on court’s power to remand for new trial under Iowa Rule of Appellate Procedure 26 (now rule 6.26) “as a substitute for careful trial preparation and presentation of evidence”
- holding trial court did not abuse its discretion in allowing amendment to relate back where plaintiff had mistakenly named M.Z. Crane Service, Inc., and not M-Z Enterprises, Inc., as the real party in in terest
- allowing substitution of new plaintiff after contractual limitations period had run
- discussing the policy of the relation-back doctrine of permitting even substantial amendments when the new claim arose from the same conduct as the original claim, the defendant had notice of the claim within the limitations period, and the defendant will not be prejudiced
Source: CourtListener parenthetical corpus (CC0).
Judges: Reynoldson, Allbee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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