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DES MOINES ASPHALT v. COLCON INDUSTRIES

No. 92-1142.

500 N.W.2d 70 (1993)

DES MOINES ASPHALT & PAVING COMPANY, Appellee, v. COLCON INDUSTRIES CORPORATION, Appellee, and Wal-Mart Stores, Inc., and the Kroenke Group, Appellants.

Supreme Court of Iowa.

May 19, 1993.

Attorney(s) appearing for the Case

Ronald M. Kaplan and Jeffrey L. Goodman of Shearer, Templer, Pingel & Kaplan, P.C., Des Moines, for appellants.

Ronald A. Riley of Hansen, McClintock & Riley, Des Moines, for appellee Des Moines Asphalt & Paving Co.

Wade H. Hauser III and Michael J. Eason of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Des Moines, for appellee Colcon Industries Corp.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, LAVORATO, and ANDREASEN, JJ.

PER CURIAM.

The codefendants, Wal-Mart Stores Inc. and The Kroenke Group (Kroenke), appeal from a district court's order refusing to compel arbitration of a mechanic's lien foreclosure action. The district court denied Kroenke's motion to compel arbitration on the ground it was untimely. Kroenke claims that, pursuant to Iowa Code section 679A.2 (1991), the district court was required to stay the foreclosure action and compel arbitration. Kroenke also claims that,...

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