DARRAH v. DES MOINES GENERAL HOSP.

Nos. 87-1632, 88-176.

436 N.W.2d 53 (1989)

Margaret M. DARRAH, Appellee, v. DES MOINES GENERAL HOSPITAL, Defendant, and Martin S. Rosenfeld, Appellant. Mitchell OSTREM, Appellee, v. Martin S. ROSENFELD and N.K. Pandeya, Appellants.

Supreme Court of Iowa.

February 22, 1989.


Attorney(s) appearing for the Case

David S. Wiggins of Marcucci, Wiggins & Anderson, P.C., West Des Moines, for appellants in both cases.

Kim A. Fields, Des Moines, for appellee Darrah.

Neil A. Barrick and David J. Erbes of Barrick Law Office, Des Moines, for appellee Ostrem.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, CARTER and SNELL, JJ.


SCHULTZ, Justice.

This consolidated appeal addresses whether a defendant's Iowa Rule of Civil Procedure 80(a) motion, made after plaintiff has voluntarily dismissed the case, was timely. In each case, the district court held that it lacked jurisdiction to rule on this motion. We disagree and reverse.

Two separate medical malpractice cases against physicians have been consolidated for this appeal. Plaintiff Margaret M. Darrah brought an action based on the...

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