# Fundermann v. Mickelson

> Supreme Court of Iowa · May 6, 1981 · 304 N.W.2d 790

URL: https://www.frixlaw.com/law-library/cases/9543111

## Case

- **Full name:** Theodore P. FUNDERMANN, Appellee, v. Gordon MICKELSON, Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** May 6, 1981
- **Citations:** 304 N.W.2d 790
- **Precedential status:** Published
- **Opinion:** Concurrence by Allbee
- **Judges:** Harris, Allbee, Reynoldson, Legrand, McGiverin, Schultz
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9543111

## How later opinions describe it (automated extraction)

- recognizing the “inherent and fatal contradiction in the term ‘alienation of affections’” and abolishing the legal cause of action in Iowa

## Opinion text

ALLBEE, Justice
(concurring specially).
Because I believe the tort of alienation of affections to be an anachronism, I join division II of the court’s opinion abolishing that cause of action. The development of the common law includes the elimination of antiquated rights and remedies, and I am satisfied that the action abrogated today clearly falls within that class. I subscribe to the views expressed in the dissenting opinion in Bearbower v. Merry, 266 N.W.2d 128, 136-38 (Iowa 1978) (McCormick, J., dissenting); those views underlie my concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9543111. Public record. Not legal advice.