Lenertz v. Municipal Court of City of Davenport

MOORE, Chief Justice.

This is an original action in certiorari to review ruling of respondent-judge overruling petitioners’ demurrer which asserted Code section 713.24(2b) includes no penal provision. We sustain the writ and remand for order sustaining the joint demurrer.

The petitioners, Allen Paul Lenertz, Elaine Anne Barthelemy, J. Peter Barthe-lemy, Lawrence George Prossen, James Allen Rehder, Richard Koenig and Kenneth Langer, were individually charged in Davenport Municipal Court with consumer fraud in violation of section 713.24(2b), The Code, 1971. It remains unchanged and provides:

“The…