GREATAMERICA LEASING v. STAR PHOTO LAB

No. 02-0978.

672 N.W.2d 502 (2003)

GREATAMERICA LEASING CORPORATION, Appellant, v. STAR PHOTO LAB, INC., Appellee.

Court of Appeals of Iowa.

October 29, 2003.


Attorney(s) appearing for the Case

Rod Kubat and Randall D. Armentrout of Nyemaster, Goode, Voigts, West, Hansell & O'Brien, Des Moines, for appellant.

William London, Santa Monica, California, pro se, for appellee.

Heard by SACKETT, C.J., and VOGEL and HECHT, JJ.


VOGEL, P.J.

This discretionary review action presents a question of first-impression in Iowa, namely, the validity and enforceability of what is known as a "hell or high water" provision contained in a financing lease agreement. We conclude the provision conforming to Iowa Code section 554.13407 (2001) controls the resolution of this case and therefore reverse and remand for further proceedings.

Background Facts and Proceedings.

In July of 1999,...

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