Legal Opinion · Dissent

Flynn v. Lucas County Memorial Hospital

Supreme Court of Iowa

Decided January 17, 1973No. 55103Published

1DissentRawlings, Justice

I cannot agree with the reasoning or results reached in Divisions I and II of the majority opinion, therefore respectfully dissent as to same.

I. In Division I the majority concludes, trial court’s order holding defendants entitled to summary judgment is a final ap-pealable adjudication. As aforesaid I disagree.

Plaintiff instantly commenced a statutory law actions. Defendants’ motion for summary judgment was subsequently sustained by a “Ruling on Motion for Summary Judgment”. It states, in material part:

“Consequently, as there is no genuine issue of fact, as to any material fact and that…

2Cases cited25 opinions

  1. Vermeer Ex Rel. Vermeer v. SnellerSupreme Court of Iowa · 1971
  2. Maytag Company v. AlwardSupreme Court of Iowa · 1962
  3. Sprung Ex Rel. Sprung v. RasmussenSupreme Court of Iowa · 1970
  4. White v. JohnsonSupreme Court of Minnesota · 1965
  5. Dobrovolny v. ReinhardtSupreme Court of Iowa · 1970

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