Opinion
No. 3-611 / 02-1394
Filed November 17, 2003
Appeal from the Iowa District Court for Floyd County, Jon Stuart Scoles, Judge.
Plaintiff appeals the district court's grant of defendant's motion to dismiss, following plaintiff's petition seeking recovery against him. REVERSED AND REMANDED.
Judith O'Donohoe of Elwood, O'Donohoe, Stochl, Braun Churbuck, Charles City, for appellant.
Joel J. Yunek of Laird, Heiny, McManigal, Winga, Duffy, Stambaugh, P.L.C., Mason City, for appellee.
Heard by Sackett, C.J., and Vogel and Hecht, JJ.
Plaintiff-appellant Larry Stewart, doing business as Larry Stewart Realty, appeals the district court's grant of defendant-appellee Jeffrey P. Sisson's motion to dismiss, following plaintiff's petition seeking recovery against him. We reverse and remand.
On March 8, 2002, plaintiff filed a petition alleging several claims against defendant. On March 21 defendant filed a motion to dismiss pursuant to Iowa Rule of Civil Procedure 1.421(1)( f), claiming plaintiff's claims were not ones upon which relief could be granted. In his resistance to defendant's motion to dismiss, plaintiff raised additional claims. Plaintiff also filed an amended petition at law on June 20, 2002.
In reviewing the district court's grant of plaintiff's motion to dismiss, we review plaintiff's position in its most favorable light, resolving all doubts and ambiguities in plaintiff's favor. Schreiner v. Scoville, 410 N.W.2d 679, 680 (Iowa 1987). We will affirm only if plaintiff has failed to state a claim upon which any relief could be granted under any state of supporting facts that could be established. Id.; Murphy v. First Nat. Bank of Chicago, 228 N.W.2d 372, 375 (Iowa 1975).
We conclude the district court was in error to grant defendant's motion to dismiss plaintiff's claims. See Johnson v. Ward, 265 N.W.2d 746, 748 (Iowa 1978). Accordingly, we reverse and remand to the district court for further proceedings.