City of Ankeny v. Armstrong Co., Inc.

SCHLEGEL, Judge.

Defendant, Armstrong Company, Inc., appeals from a summary judgment for plaintiff on its counterclaim in this declaratory judgment action brought to determine whether an arbitration award for defendant was proper. Defendant asserts on appeal that it was improper to sustain the plaintiff’s motion for summary judgment on the basis of an earlier ruling by the court because the earlier decision constituted only a ruling on the defendant’s motion to dismiss, not a determination on the merits that the arbitration award was improper. We reverse and remand.

The plaintiff city engaged…