LAMBERT v. IOWA DEPT. OF TRANSP.

No. 09-0998.

804 N.W.2d 253 (2011)

Glenn R. LAMBERT, Stephen G. Lambert Phillip R. Lambert, Thomas A. Lambert, Linda A. Hicks & Janet S. Ruddy d/b/a Lambert Farms Partnership, Appellees, v. The IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

September 30, 2011.


Attorney(s) appearing for the Case

Thomas J. Miller , Attorney General, Richard E. Mull and Robin G. Formaker , Assistant Attorneys General, for appellant.

Kristofer J. Lyons and Michael A. Bowman of Shimanek, Shimanek, & Bowman, Monticello, for appellees.


MANSFIELD, Justice.

I. Introduction.

This case presents a close, but narrow, question: When a court order dismissing an action reveals the court's intent to preserve a claim arising out of the same transaction that is pending in another lawsuit, should the claim in the other lawsuit be allowed to proceed? We conclude that it should, even if the language of the dismissal order is less explicit than it might have been. Accordingly, we affirm the judgment entered...

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