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STEW-MC DEVELOPMENT, INC. v. FISCHER

No. 07-0568.

770 N.W.2d 839 (2009)

STEW-Mc DEVELOPMENT, INC., Cross-Appellant, James F. Kress, Cross-Appellant, Joseph Schmitt and Penni Schmitt, Appellants, v. Nancy M. FISCHER and Thomas J. Fischer, Appellees.

Supreme Court of Iowa.

August 14, 2009.

Attorney(s) appearing for the Case

Robert L. Sudmeier and William N. Toomey of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellants Schmitt and cross-appellant Stew-Mc Development, Inc.

William S. Vernon and Brian S. Fagan of Moyer & Bergman, P.L.C., Cedar Rapids, for cross-appellants Kress and the Schmitts.

Brendan T. Quann and Peter D. Arling of O'Connor & Thomas, P.C., Dubuque, for appellees.

APPEL, Justice.

In this case, we must decide the timeliness of various cross-appeals filed by the parties seeking to challenge a district court ruling that the plaintiffs possessed only a limited easement in connection with certain real estate located in Dubuque County and rejecting a counterclaim for abuse of process. For the reasons expressed below, we find the cross-appeals timely filed. On the merits of the easement and abuse-of-process claims, we affirm the judgment...

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