Legal Memorandum: Appeal of a Summary Judgment in IA

Issue: What is the standard of review in Iowa when a granted summary judgment is appealed?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; Appeal; Correction of errors at law
Jurisdiction: Iowa
Cited Cases: 689 N.W.2d 104; 697 N.W.2d 836; 757 N.W.2d 670; 661 N.W.2d 150
Cited Statutes: Iowa R. Civ. P. 1.981(3)
Date: 07/01/2012

When a granted summary judgment is appealed to an Iowa appellate court, the standard of review is clear:

A summary judgment ruling is reviewed for correction of errors at law.  James Enter., Inc. v. City of Ames, 661 N.W.2d 150, 152 (Iowa 2003) Summary judgment is appropriate


if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.


Iowa R. Civ. P. 1.981(3).  A question of fact exists “if reasonable minds can differ on how the issue should be resolved.”  Walker v. Gribble, 689 N.W.2d 104, 108 (Iowa 2004).  The party resisting the motion for summary judgment should be afforded every legitimate inference that can reasonably be deduced from the evidenceClinkscales v. Nelson Secs., Inc., 697 N.W.2d 836, 841 (Iowa 2005).

Rock v. Warhank, 757 N.W.2d 670, 672-73 (Iowa 2008) (emphasis added). 


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)