R. E. Morris Investments, Inc. v. Lind

ALLBEE, Justice.

This interlocutory appeal presents the question whether a trial court can, pursuant to Iowa R.Civ.P. 134(b)(2), strike a demand for jury trial as a sanction for failure to comply with a discovery order. We conclude that such action is not available as a discovery sanction.

The action from which this appeal arises was instituted by plaintiffs R. E. Morris Investments and R. E. Morris Co., Inc. (Morris) in October 1978. In essence, Morris alleged the breach of an agreement for the purchase of a retail hardware business and of a commercial lease by defendants John and Charma Lind…