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DENNEY v. CITY OF SIOUX CITY

No. 63945.

292 N.W.2d 131 (1980)

Pamela DENNEY, by her Next Friend Arthur Denney, and Arthur Denney, Plaintiffs, v. CITY OF SIOUX CITY, Iowa; Richard Pixler; Dale Blom; Lester Zerschling; Janell C. Rager; and Paul Von Hagel, Defendants. CITY OF SIOUX CITY, Iowa, Cross-Petitioner and Appellant, v. Wardell GREER d/b/a Swingin Inn; Interstate Distributing Company d/b/a Peggy's Cocktail Lounge; Supreme Sales Company; and Fabrics, Inc., Defendants to Cross-Petition and Appellees.

Supreme Court of Iowa.

May 21, 1980.

Attorney(s) appearing for the Case

Dewie J. Gaul, of Jacobs, Gaul, Nymann & Green, Sioux City and James L. Abshier, City Atty., for cross-petitioner-appellant.

Gerry M. Rinden, of Klockau, McCarthy, Lousberg, Ellison & Rinden, Rock Island, Ill., for appellee Wardell Greer d/b/a Swingin Inn.

Maurice B. Nieland, of Kindig, Beebe, Rawlings, Nieland & Killinger, Sioux City, for appellee Interstate Distributing Company d/b/a Peggy's Cocktail Lounge.

Marvin F. Heidman and Thomas M. Plaza, of Gleysteen, Harper, Eidsmoe & Hiedman, Sioux City, for appellee Supreme Sales Company.

Lawrence D. Kudej and Michael R. Hellige, of Shull, Marshall & Marks, Sioux City, for appellee Fabrics, Inc.

Considered by LeGRAND, P. J., and UHLENHOPP, HARRIS, McCORMICK and LARSON, JJ.

HARRIS, Justice.

Sioux City's notice of appeal in this case was directed to "the final decision of [the] district court in this cause entered June 26, 1979, and from each order and ruling inhering therein . . .." The only trial court ruling on June 26, 1979, was a denial of the city's motion to continue. The case was thereafter dismissed by operation of law under Iowa R.Civ.P. 215.1. Because the challenged ruling was interlocutory and not final we lack jurisdiction...

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