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GARCIA v. WIBHOLM

No. 89-1150.

461 N.W.2d 166 (1990)

Maria Christina GARCIA, as Administrator of the Estate of Sylvia Crystal Romero, and Maria Christina Garcia, Individually, Appellees, v. Robert Anders WIBHOLM, Appellant.

Supreme Court of Iowa.

September 19, 1990.

Attorney(s) appearing for the Case

Barbara A. Schwartz and Patricia N. Acton, attys., and Denise Lisio, Steven C. Anderson, and Leslie K. Lagomarcino, Student Legal Interns, Clinical Law Programs, College of Law, University of Iowa, Iowa City, for appellant.

Douglas V. Olson, Coralville, for appellees.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

LAVORATO, Justice.

In this appeal we explore how far a guardian ad litem must go in defending an incarcerated civil defendant. The district court appointed the guardian ad litem pursuant to Iowa Rule of Civil Procedure 13. After filing an answer and asserting an affirmative defense, the guardian ad litem withdrew with court approval. The district court proceeded to hear the plaintiffs' evidence even though the defendant was not personally present. Following the hearing...

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