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VENARD v. WINTER

No. 93-1651.

524 N.W.2d 163 (1994)

William VENARD, Appellant, v. Michael WINTER, Appellee.

Supreme Court of Iowa.

November 23, 1994.

Attorney(s) appearing for the Case

H. Daniel Smith of Sherrets, Smith & Gardner, P.C., Omaha, NE, for appellant.

Dennis M. Gray and Matthew G. Woods of Peters Law Firm, P.C., Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.

LAVORATO, Justice.

This legal malpractice case presents two questions. First, what statute of limitations governs this case? Second, can a plaintiff avoid the consequences of not designating experts within the time requirements of Iowa Code section 668.11 (1989) by voluntarily dismissing the action and refiling an identical one? The answer to the first question is that the five-year limitation period in Iowa Code section 614.1(4) governs this case. The answer to the...

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