Timothy L. SAUTTER, and Tina Sautter, Individually and as Guardians of Lindi L. Sautter, Nick T. Sautter and Stephanie L. Sautter, Appellants,
v.
INTERSTATE POWER COMPANY, Appellee,
v.
D & J FEED SERVICE, INC. d/b/a Four County AG Service, Alla-Clay Farmacy, Inc., Edward Handke, Dale Jones, Al Freidline, Lyle Opheim and Lyle Johannsen, Appellees.
Supreme Court of Iowa.https://leagle.com/images/logo.png
May 21, 1997.
May 21, 1997.
Attorney(s) appearing for the Case
Roxanne Barton Conlin and Thomas J. Duff of Roxanne Conlin & Associates, Des Moines, for appellants,
David L. Hammer, Angela C. Simon and Scott J. Nelson of Hammer, Simon & Jensen, Dubuque, for appellee Interstate Power.
Gary D. Ordway and Roy M. Irish of Patterson, Lorentzen, Duffield, Timmins, Irish, Becker & Ordway, L.L.P., Des Moines, for appellees Dale Jones and Al Freidline.
Connie Alt and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellee Edward Handke.
Thomas J. Logan and Hugh J. Cain of Hopkins & Huebner, P.C., Des Moines, for appellees D & J Feed Service, Inc., Alla-Clay Farmacy, Inc., Lyle Opheim and Lyle Johannsen.
Considered by HARRIS, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.
Supreme Court of Iowa.
HARRIS, Justice.
A seldom noticed provision in Iowa Code chapter 614 (1993) (limitation of actions) provides relief in certain rare situations from the various prescribed periods allowed for bringing suit. Iowa Code section 614.101 provides that when an action, brought within a period allowed, fails and the same cause is brought again within six months, the limitation requirement is tested by deeming the second action a continuation of...
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