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ESTATE OF FAHRMANN v. ABCM CORPORATION

No. 22-0495.

999 N.W.2d 283 (2023)

The ESTATE OF Deanna Dee FAHRMANN, BY Executor Jeffrey A. FAHRMANN, Dennis C. Fahrmann, by and through his Power of Attorney, Jeffrey A. Fahrmann, Jeffrey A. Fahrmann, and Amy J. Fahrmann, Appellants, v. ABCM CORPORATION, Kathy Meyer-Allbee, and Linsey Henry, Appellees.

Supreme Court of Iowa.

Filed December 22, 2023.

Attorney(s) appearing for the Case

Laura R. Luetje and William C. Strong of Lamberti, Gocke & Luetje, P.C., Ankeny; and Bradley C. Obermeier of Obermeier and McBride, P.C., Grimes, for appellants.

Tricia Hoffman-Simanek , Ross T. Andrews , and Graham R. Carl of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for appellees.

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

In this appeal, we must decide whether the district court correctly applied Iowa Code section 147.140 (2021) to dismiss this nursing home malpractice action with prejudice. This statute required the plaintiffs to serve a certificate of merit affidavit signed under oath by a qualified expert

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