Legal Opinion

Holmstrom v. Sir

Supreme Court of Iowa

Decided March 24, 1999No. 97-1190PublishedCited by 1 opinion

1Opinion of the Court

HARRIS, Justice.

An attorney who files a motion is in peril of being sustained. Much, perhaps even all, of this church dispute might well be subject to dismissal on summary judgment. Unfortunately for these defendants however, their attempted motion for summary judgment was never reached because the court sustained their motion to dismiss. We cannot affirm dismissal on the pleadings, and hence must reverse and remand.

We know more facts than would appear from the face of the petition because there was a hearing on plaintiffs’ application for an injunction. But our review must be based only on…

2Cases cited14 opinions

  1. Watson v. JonesSupreme Court of the United States · 1872
  2. Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
  3. Presbyterian Church in US v. Mary Elizabeth Blue Hull Memorial Presbyterian ChurchSupreme Court of the United States · 1969
  4. Jones v. WolfSupreme Court of the United States · 1979
  5. Kedroff v. Saint Nicholas Cathedral of the Russian Orthodox Church in North AmericaSupreme Court of the United States · 1952

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3Cited by1 opinion

  1. From the Heart Church Ministries, Inc. v. African Methodist Episcopal Zion ChurchCourt of Appeals of Maryland · 2002

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