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KIRLIN v. MONASTER

No. 22-0405.

984 N.W.2d 412 (2023)

Jahn Patric KIRLIN and Sara Louise Kirlin, Appellants, v. Barclay A. MONASTER, Christian William Jones, and Physicians Clinic, Inc. d/b/a Methodist Physicians Clinic-Council Bluffs, Appellees.

Supreme Court of Iowa.

Filed January 6, 2023.

Attorney(s) appearing for the Case

Kelly N. Wyman (argued), Council Bluffs, and Dean T. Jennings , Council Bluffs, for appellants.

Bryony J. Whitaker (argued), Frederick T. Harris , and Agnieszka M. Gaertner (until withdrawal) of Lamson Dugan & Murray LLP, West Des Moines, for appellee Barclay A. Monaster.

Robert A. Mooney (argued) and Betsy Seeba-Walters of Mooney, Lenaghan, Westberg Dorn, L.L.C., Omaha, Nebraska, for appellees Christian William Jones and Physicians Clinic, Inc. d/b/a Methodist Physicians Clinic-Council Bluffs.

Oxley, J., delivered the opinion of the court, in which all participating justices joined. Christensen, C.J., took no part in the consideration or decision of the case.

This case raises questions about the interplay between the plaintiffs' right to voluntarily dismiss their own petition under Iowa Rule of Civil Procedure 1.943 and the requirement for a plaintiff in a medical malpractice action to provide a certificate of merit affidavit signed by a qualified expert witness within sixty days of the...

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