HARTIG v. FRANCOIS

No. 93-487.

519 N.W.2d 393 (1994)

Richard J. HARTIG, Appellant, v. Thomas FRANCOIS and T. Curt Francois d/b/a Thomas Francois Masonry, Appellees.

Supreme Court of Iowa.

July 27, 1994.


Attorney(s) appearing for the Case

Robert L. Sudmeier of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellant.

Stephen J. Powell and Samuel C. Anderson of Swisher & Cohrt, Waterloo, for appellees.

Considered by HARRIS, P.J., and LARSON, LAVORATO, SNELL, and TERNUS, JJ.


LARSON, Justice.

This is an appeal by a homeowner from a summary judgment in favor of one of the defendants in a suit for alleged negligence in the construction of a retaining wall. We reverse and remand.

I. The Procedural Issue.

The plaintiff first raises an issue of "jurisdiction" to enter the summary judgment order. The defendant contends that the issue has been waived by the plaintiff's failure...

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