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R. E. MORRIS INVESTMENTS, INC. v. LIND

No. 64645.

304 N.W.2d 189 (1981)

R. E. MORRIS INVESTMENTS, INC., and R. E. Morris Co., Inc., Appellees. v. John F. LIND and Charma Lind, Appellants.

Supreme Court of Iowa.

April 15, 1981.

Attorney(s) appearing for the Case

George Lindeman and John T. McCoy, of Lindeman & Yagla, Waterloo, for appellants.

C. A. Frerichs, of Fulton, Frerichs, Nutting, Martin & Andres, Waterloo, for appellees.

Considered by HARRIS, P. J., and ALLBEE, McGIVERIN, LARSON and SCHULTZ, JJ.

ALLBEE, Justice.

This interlocutory appeal presents the question whether a trial court can, pursuant to Iowa R.Civ.P. 134(b)(2), strike a demand for jury trial as a sanction for failure to comply with a discovery order. We conclude that such action is not available as a discovery sanction.

The action from which this appeal arises was instituted by plaintiffs R. E. Morris Investments and R. E. Morris Co., Inc. (Morris) in October 1978. In essence, Morris alleged...

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