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SMITH v. KORF, DIEHL, CLAYTON & CLEVERLEY

No. 67227.

329 N.W.2d 669 (1983)

Harold Arthur SMITH and Jeanette Rae Smith, Appellees, v. The Partnership of KORF, DIEHL, CLAYTON, AND CLEVERLEY; J.N. Diehl; B.C. Clayton; James W. Cleverley; and Charles G. Neighbor; as Individuals, Appellants.

Supreme Court of Iowa.

February 16, 1983.

Attorney(s) appearing for the Case

Philip E. Stoffregen and Steven J. Dickinson of Belin, Harris, Helmick & Heartney, Des Moines, for appellants.

Robert H. Laden and Thomas P. Schlapkohl of Hyland, Laden & Pearson, P.C., Des Moines, for appellees.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McCORMICK, and CARTER, JJ.

HARRIS, Justice.

This appeal involves an old legal malpractice suit which has twice been a target of our try or dismiss rule, Iowa R.Civ.P. 215.1. The suit, which arose from earlier proceedings, survived a prior appeal involving a summary judgment. See Smith v. Korf, Diehl, Clayton & Cleverley, 302 N.W.2d 137 (Iowa 1981). A 215.1 notice was issued during that appeal. A second notice was issued two years later. The questions...

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