SLATTERY v. DIST. COURT FOR JOHNSON CTY.

No. 88-743.

442 N.W.2d 82 (1989)

H. Lenore SLATTERY, Plaintiff, v. IOWA DISTRICT COURT FOR JOHNSON COUNTY, Defendant.

Supreme Court of Iowa.

June 14, 1989.


Attorney(s) appearing for the Case

Tom Riley, Todd Becker, and Sara Riley Brown of Tom Riley Law Firm, P.C., Cedar Rapids, for plaintiff.

Patrick Roby and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for defendant.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, LAVORATO, and NEUMAN, JJ.


NEUMAN, Justice.

We granted certiorari to consider the question whether, given proper venue for trial in more than one county, a court may exercise discretion to say one of the counties is "wrong" for purpose of a change of venue sought under Iowa Rule of Civil Procedure 175(a). Because we agree with plaintiff's contention that rule 175 provides no such discretion, and that the court erroneously ruled to the contrary here, we sustain the writ.

We glean the...

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