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BARATTA v. POLK COUNTY HEALTH SERVICES

No. 97-95.

588 N.W.2d 107 (1999)

Sandra Joyce BARATTA, Appellee, v. POLK COUNTY HEALTH SERVICES, INC., Appellant. Polk County Health Services, Inc., Appellant, v. Sandra Joyce Baratta, her unknown spouses, heirs, devisees, grantees, assigns, successors in interest and unknown claimants of the following described real estate situated in Polk County, Iowa: Lot 87 Wakonda Manor, Plat 5, included in and forming a part of Des Moines, Polk County, Iowa, Appellees.

Supreme Court of Iowa.

January 21, 1999.

Attorney(s) appearing for the Case

Mark V. Hanson and David L. Phipps of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

Clifford S. Swartz of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellee.

Considered en banc.

SNELL, Justice.

Defendant Polk County Health Services (PCHS) appeals from summary judgment granted to plaintiff Sandra Baratta in her action to foreclose a judgment lien. We conclude the district court should have granted the motion of PCHS for summary judgment on its counterclaim to quiet title and therefore erred in granting Sandra's motion for summary judgment. We therefore reverse and remand for entry of judgment in favor of PCHS.

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