Green v. Advance Homes, Inc.

14 Citing cases

  1. Hayes v. Kerns

    387 N.W.2d 302 (Iowa 1986)   Cited 13 times
    Holding appellate court only had jurisdiction to address an issue raised in a supplemental order, not all the issues in the original judgment

    Our case law is clear that there may be two final judgments or decrees "in the same cause, the one settling the substantial merits of the case, and the other based upon further necessary proceedings, from each of which an appeal will lie." Iowa Public Service Co. v. City of Sioux City, 254 Iowa 22, 28, 116 N.W.2d 466, 469 (1962) (quoting 4 C.J.S. Appeal and Error § 101, at 283 (1957)); see Rowen v. LeMars Mutual Insurance Co., 357 N.W.2d 579, 582 (Iowa 1984) ("We find that the adjudication is final because the case falls within the rule that a case may have more than one final order."); Green v. Advance Homes, Inc., 293 N.W.2d 204, 207 (Iowa 1980) ("A case, for purposes of appeal, may have more than one final order. Such an initial final order must establish the substantial rights of the parties and must place beyond the issuing court the power to return the parties to their original positions.

  2. Rowen v. LeMars Mut. Ins. Co. of Iowa

    357 N.W.2d 579 (Iowa 1984)   Cited 43 times
    In Rowen, we stated that "no party should take an appeal as of right from an interlocutory order in the hope it will be saved from dismissal by application of rule 1(c)."

    We find that the adjudication is final because the case falls within the rule that a case may have more than one final order. See Green v. Advance Homes, Inc., 293 N.W.2d 204, 207 (Iowa 1980); Lyon v. Willie, 288 N.W.2d 884, 887 (Iowa 1980); Johnson v. Johnson, 188 N.W.2d 288, 293 (Iowa 1971). The situation is analogous to the one in Green.

  3. State v. Miner

    331 N.W.2d 683 (Iowa 1983)   Cited 10 times
    Holding court did not abuse its discretion in granting injunction prohibiting defendant from engaging in the business of brokering or otherwise dealing in the retail sale of motor vehicles unless licensed

    He bases this claim on the argument that the granting of an injunction creates great hardships on defendant. Green v. Advance Homes, Inc., 293 N.W.2d 204, 208 (Iowa 1980). We note initially that defendant is only imagining his hardships — the injunction was stayed pending appeal.

  4. North v. Van Dyke

    No. 16-0165 (Iowa Ct. App. Sep. 13, 2017)

    While Van Dyke suggests this measure of damages may be the proper measure in a loss-of-lateral support case, the opinions he cites do not foreclose a cost-of-repair rule. See Green v. Advance Homes, Inc., 293 N.W.2d 204, 206 (Iowa 1980) (addressing argument by the plaintiff for a diminution-in-value measure of damages, "provided such an amount [was] not greater than the cost of restoration"); Richardson v. City of Webster City, 82 N.W. 920, 922 (Iowa 1900) (summarily affirming a jury instruction measuring damages as "the difference between what the property was fairly worth in the market before the work was done and what it was worth thereafter" but citing Finley v. Hershey, 41 Iowa 389 (1875), which relied on the permanency of the damage in opting for a diminution-of-value measure: "[W]hen permanent injuries of this kind are done to real property the owner will not be required to restore it to its former condition. The wrong-doer cannot impose a burden of this kind upon the injured party and thus escape liability for the full amount of the injury done.").

  5. Gordon v. Brown

    662 N.W.2d 371 (Iowa Ct. App. 2003)

    Generally, a ruling is not a final judgment when the trial court intends to do something further to signify its final adjudication. Green v. Advance Homes, Inc., 293 N.W.2d 204, 207 (Iowa 1980). However, this standard is not without exception and a case may have more than one appealable final judgment.

  6. Kennedy v. Medicap Pharmacies, Inc.

    267 F.3d 493 (6th Cir. 2001)   Cited 38 times   1 Legal Analyses
    Holding an injunction to comply with non-compete in the future was not dischargeable by bankruptcy

    A review of Iowa cases shows that damages are awarded for specific injuries already incurred, and that an injunction may issue only when damages are inadequate for future injuries. See, e.g., Green v. Advance Homes, Inc., 293 N.W.2d 204, 208-09 (Iowa 1980). We decline to follow the analysis in Ward that would require us to ignore Iowa law.

  7. State v. Burche

    729 N.W.2d 431 (Iowa 2007)   Cited 3 times
    Finding the appeal of the district court's damages award moot after the parties settled the issue before the appeal was decided

    Lewis Invs., Inc. v. City of Iowa City, 703 N.W.2d 180, 184 (Iowa 2005) (quoting Iowa R. Civ. P. 1.1501). If an injunction is obtained as an independent remedy in an equitable action, review is de novo; however, if an injunction is obtained as an auxiliary remedy in an action at law, review is for correction of errors of law. See Harrington v. Univ. of N. Iowa, 726 N.W.2d 363, 365 (Iowa 2007); Green v. Advance Homes, Inc., 293 N.W.2d 204, 208 (Iowa 1980). This case was filed and tried as a law action.

  8. Harrington v. University of N. Iowa

    726 N.W.2d 363 (Iowa 2007)   Cited 38 times
    In Harrington, even though the plaintiff requested injunctive relief, we found the plaintiffs request for injunctive relief was not dispositive on how the court tried the case.

    But "[t]he fact that injunctive relief was sought is not dispositive of whether an action is at law or in equity, as an injunction may issue in any action." Green v. Advance Homes, Inc., 293 N.W.2d 204, 208 (Iowa 1980). As this court recently noted, "An injunction may be obtained as an independent remedy by an action in equity, or as an auxiliary remedy in any action."

  9. Planned Parenthood of Mid-Iowa v. Maki

    478 N.W.2d 637 (Iowa 1991)   Cited 27 times
    Holding an injunction against a trespassing protester did not violate the protester's free exercise rights

    Presto-X-Co. v. Ewing, 442 N.W.2d 85, 89 (Iowa 1989). A court of equity should carefully weigh the relative hardship which would be incurred by the parties upon the award of injunctive relief. Green v. Advance Homes, Inc., 293 N.W.2d 204, 208 (Iowa 1980). Courts usually do not enter injunctions to prevent acts which are independently subject to penal laws. In the usual case, the penalty provided by statute is adequate.

  10. Presto-X-Co. v. Ewing

    442 N.W.2d 85 (Iowa 1989)   Cited 28 times
    Holding that a permanent injunction extending past expiration date of the covenant not to compete was warranted to accomplish "full and complete justice between the parties"

    As an extraordinary remedy, it should issue only when the party seeking it has no adequate remedy at law. Green v. Advance Homes, Inc., 293 N.W.2d 204, 208 (Iowa 1980). An injunction should be "granted with caution and only when clearly required."