ROWAN v. EVERHARD

No. 95-141.

554 N.W.2d 548 (1996)

Marge ROWAN, Appellee, v. Michael EVERHARD and Joy Arnold, Appellants.

Supreme Court of Iowa.

October 23, 1996.


Attorney(s) appearing for the Case

Vivian P. Meyer-Betts, Waterloo, for appellants.

Diane Larsen, Waterloo, for appellee.

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


PER CURIAM.

The primary issue involved in this discretionary review is whether the failure to file a motion to set aside a default judgment entered in small claims court requires dismissal of an appeal in district court. We conclude it does not; therefore, we reverse and remand.

On March 4, 1994, plaintiff Marge Rowan and defendants Michael Everhard and Joy Arnold entered into an oral agreement for the lease of residential property located at 224 East Tenth...

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