Wederath v. Brant

I concur in division I and the result.

The question in division II is one of issue preclusion rather than merely one of subject matter jurisdiction. The court’s holding that the mootness dismissal of defendants’ appeal from plaintiffs’ 1975 summary judgment did not validate the judgment does not answer this question. If issue preclusion applies, the validity of the judgment cannot be challenged.

The doctrine that a void judgment remains subject to collateral attack is not without exception. See Lincoln Joint Stock Land Bank v. Brown, 224 Iowa 1256, 1260, 278 N.W. 294, 296 (1938) (holding that…