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SMITH v. LALLY

No. 85-387.

379 N.W.2d 914 (1986)

Phyllis SMITH and Gordon Smith, Appellants, v. Thomas C. LALLY, Farida Sheikh Rajput, and the Finley Hospital, Appellees.

Supreme Court of Iowa.

January 15, 1986.

Attorney(s) appearing for the Case

Corliss C. Baty, Maquoketa, for appellants.

Robert V.P. Waterman and Thomas D. Waterman, of Lane & Waterman, Davenport, for appellee Thomas C. Lally.

Peter C. Fieweger, of Katz, McAndrews, Durkee, Balch & Lefstein, P.C., Rock Island, Illinois, for appellee Farida Sheikh Rajput.

Brendan T. Quann, of O'Connor & Thomas, P.C., Dubuque, for appellee Finley Hosp.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN and SCHULTZ, JJ.

McCORMICK, Justice

Plaintiffs filed the same medical malpractice action against defendants on three occasions. They voluntarily dismissed the first two actions. Later they were unsuccessful in seeking to have the second dismissal modified or vacated. Summary judgment was subsequently entered against plaintiffs in the third action based on the preclusive effect of the second dismissal. Plaintiffs appeal from the order refusing to modify or vacate their second dismissal...

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