H & S LTD. v. ANDREOLA

No. 83-1118.

363 N.W.2d 592 (1984)

H & S LTD., An Iowa Corporation, Plaintiff-Appellee, v. Daniel M. ANDREOLA, Defendant-Appellant, and Lamand Mortgage Company, Inc., An Iowa Corporation, Defendant.

Court of Appeals of Iowa.

December 26, 1984.


Attorney(s) appearing for the Case

Paul J. Bieber, Davenport, for defendant-appellant.

Mark J. Smith of Wells, McNally & Bowman, Davenport, for plaintiff-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SACKETT, JJ.


OXBERGER, Chief Judge.

Two issues are presented for review in this appeal by the defendant below. The first question, as yet apparently unresolved by our courts, is whether there is jurisdiction over an appeal to denial of a motion to vacate a judgment, when the judgment has previously been appealed and that appeal dismissed for lack of prosecution. The second question involves the merits of defendant's claim that the judgment should be dismissed because he was allegedly...

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