Smith v. Lally

Plaintiffs filed the same medical malpractice action against defendants on three occasions. They voluntarily dismissed the first two actions. Later they were unsuccessful in seeking to have the second dismissal modified or vacated. Summary judgment was subsequently entered against plaintiffs in the third action based on the preclusive effect of the second dismissal. Plaintiffs appeal from the order refusing to modify or vacate their second dismissal and the order dismissing their third action. We affirm the orders in each case.

This appeal involves the application of Iowa Rule of Civil…