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GREENBRIAR GROUP, L.L.C. v. HAINES

No. 13-0569.

854 N.W.2d 46 (2014)

GREENBRIAR GROUP, L.L.C., Plaintiff-Appellant, v. Timothy HAINES, Defendant-Appellee, and Elkco Properties, Inc., and Indian Harbor Insurance Company as subrogee of Elkco Properties, Inc., Third-Party Defendants-Appellants.

Court of Appeals of Iowa.

As Amended August 1, 2014.

Attorney(s) appearing for the Case

Brian D. Nolan and Kathryn L. Hartnett of Nolan, Olson, & Stryker, P.C., L.L.O., Omaha, Nebraska, and Stanley W. Kallmann and Mark L. Antin of Gennet, Kallmann, Antin & Robinson, P.C., Parsippany, New Jersey, for appellants.

Jeffrey L. Goodman and Marcy A. O'Brien , West Des Moines, for appellee.

Heard by VOGEL, P.J., and POTTERFIELD and McDONALD, JJ.

McDONALD, J.

Indian Harbor Insurance Company ("Indian Harbor"), as subrogee of Elkco Properties, Inc., ("Elkco") and Greenbriar Group, L.L.C. ("Greenbriar") (collectively, hereinafter "Greenbriar parties") appeal the district court's order granting summary judgment in favor of Timothy Haines and the district court's order granting Haines' subsequent motion to dismiss. We affirm the judgment of the district court.

I.

This case arises out of a fire...

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