Legal Opinion

Garcia v. Wibholm

Supreme Court of Iowa

Decided September 19, 1990No. 89-1150PublishedCited by 12 opinions

1Opinion of the Court

LAVORATO, Justice.

In this appeal we explore how far a guardian ad litem must go in defending an incarcerated civil defendant. The district court appointed the guardian ad litem pursuant to Iowa Rule of Civil Procedure 13. After filing an answer and asserting an affirmative defense, the guardian ad litem withdrew with court approval. The district court proceeded to hear the plaintiffs’ evidence even though the defendant was not personally present. . Following the hearing, the district court awarded the plaintiffs substantial compensatory and punitive damages. We reverse and remand with…

2Cases cited3 opinions

  1. Lalla v. GilroySupreme Court of Iowa · 1985
  2. Stephens v. WoodSupreme Court of Iowa · 1923
  3. In Re the Marriage of PayneSupreme Court of Iowa · 1983

3Cited by12 opinions

  1. Estate of Leonard, Ex Rel., Palmer v. SwiftSupreme Court of Iowa · 2003
  2. Hill ex rel. Hill v. DammCourt of Appeals of Iowa · 2011
  3. State Public Defender v. Iowa District Court for Wapello CountySupreme Court of Iowa · 2002
  4. Grant v. Iowa District Court for Hancock CountySupreme Court of Iowa · 1992
  5. In Re the Marriage of McGonigleSupreme Court of Iowa · 1995

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