HUFFEY v. LEA

No. 91-515.

491 N.W.2d 518 (1992)

George W. HUFFEY and Jean Huffey, Appellants, v. Joseph LEA, Dorothy Lea, Gilbert Lea, Florence Flaherty, Linda Racek, Theresa Lea, Anthony Lea, Lavonne Lea-Peterson, Donna Lea-Faber, Ambrose Lea, and Eunice Lea, Appellees.

Supreme Court of Iowa.

Rehearing Denied November 25, 1992.


Attorney(s) appearing for the Case

David J. Dutton and J. Scott Bayne, Dutton, Braun, Staack, Hellman, and Iversen, Waterloo, for appellants.

Andrew P. Nelson, Meyer, Lorentzen and Nelson, Decorah, for appellees Lavonne Lea-Peterson, Gilbert Lea, Donna Lea-Faber and Florence Flaherty.

Mary Jane White, Decorah, for appellees Ambrose Lea and Eunice Lea.

Harry L. Haywood, Eldora, for appellee Dorothy Lea.

Michael J. Moon, Cartwright, Druker and Ryden, Marshalltown, for appellee Theresa Lea.

J. Vance Jorgensen, Mason City, for appellee Joseph Lea.

Michael A. Smith, of Lundy, Butler and Smith, P.C., Eldora, for appellee Anthony Lea.

Considered en banc.


SCHULTZ, Justice.

The principal issue on appeal is whether the doctrine of claim preclusion prevents an action for tortious interference with a bequest when the action is not brought with the underlying will contest. The district court and the court of appeals held that the failure to join the tort action with the will contest bars a later action. We disagree.

This is a dismissal of the action based on the pleadings; therefore, we accept those allegations...

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