Baratta v. Polk County Health Services, Inc.

I concur in the conclusion reached in the opinion of the court that the district court erred in granting summary judgment for the plaintiff, Sandra Baratta. The court’s opinion is wrong, however, in holding that San*115dra’s claim must fail as a matter of law and that the appellant should prevail as a matter of law. There are issues of fact that, if resolved in Sandra’s favor, should allow her to foreclose her judgment lien on the undivided one-half interest in the subject property that had been owned by Frank Baratta.

As the majority correctly notes, if the owner of land is entitled to invoke a…