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UTTECHT v. AHRENS

No. 65541.

312 N.W.2d 571 (1981)

Anna M. UTTECHT, Appellant, v. John AHRENS; Patricia Hedrick; Oelwein Nursing Home, Inc.; Mercy Hospital, Oelwein, Iowa; and John H. Ahrens, M. D., P. C., Appellees, v. Berkeley BRANDT, III, Third Party Appellee.

Supreme Court of Iowa.

November 25, 1981.

Attorney(s) appearing for the Case

Tim A. Estlund, of Wenzel, Piersall, Riccolo & Baker, P.C., Cedar Rapids, for appellant.

David A. Elderkin and Allan D. Vestal, Cedar Rapids, for appellees John Ahrens and John H. Ahrens, M.D., P.C.

Edward J. Gallagher, III, Waterloo, for appellees Patricia Hedrick and Mercy Hospital, Oelwein, Iowa.

Clyde Putnam, Jr., Des Moines, for appellee Oelwein Nursing Home, Inc.

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

HARRIS, Justice.

One of our procedural rules provides for situations when an action is brought in the wrong county. Costs and fees are assessed to compensate for defendants' trouble in defending in the wrong county. The rule then requires the plaintiff to see to the transfer of the action to the proper county. If the transfer is not accomplished within twenty days the rule provides that the suit be dismissed. The question here is whether such a dismissal is with or...

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