Turner v. Iowa State Bank & Trust Co. of Fairfield

WIGGINS, Justice.

In this appeal we must decide whether the district court erred when it sustained a motion to dismiss. Our court of appeals reversed the district court’s ruling, and on further review we agree the district court improperly sustained the motion to dismiss. Accordingly, we affirm the decision of the court of appeals, reverse the judgment of the district court, and remand the case for further proceedings consistent with this decision.

I. Prior Proceedings.

On October 24, 2005, Kenneth W. Turner brought an action in the Adair County District Court against co-trustees Iowa State Bank…