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MILLS COUNTY STATE BANK v. ROURE

No. 62803.

291 N.W.2d 1 (1980)

MILLS COUNTY STATE BANK, Appellee, v. Rafael A. ROURE and Jeannine M. Roure, Appellants, v. MILLS COUNTY STATE BANK, Hawkeye Bancorporation and Paul D. Dunlap, Appellees.

Supreme Court of Iowa.

April 23, 1980.

Attorney(s) appearing for the Case

Lex Hawkins and Glenn L. Norris of Hawkins & Norris, Des Moines, and Edward E. Eaton, Jr., Sidney, for appellants.

William J. Koehn of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, James A. Thomas of Thomas, McGee & Thomas, Glenwood, Michael O. Johanns of Peterson, Bowman & Johanns, Lincoln, Neb., and Emmet Tinley of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, for appellees.

Considered by REYNOLDSON, C. J., and HARRIS, ALLBEE, McGIVERIN and LARSON, JJ.

LARSON, Justice.

This controversy arose out of Dr. Roure's indebtedness to the Mills County State Bank, which had financed his construction of a medical clinic and the purchase of two tracts of unimproved land. Actions in foreclosure and for attachment were commenced by the bank, and the defendant responded with a counterclaim for malicious prosecution and abuse of process. The bank's claims were dismissed pursuant to a settlement, and the bank was granted summary...

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