Opinion

Rowen v. LeMars Mutual Insurance Co. of Iowa

  • 357 N.W.2d 579
  • 1984 Iowa Sup. LEXIS 1276
Court
Supreme Court of Iowa
Filed
Nov 14, 1984
Status
Published
Author
Carter
On the bench
Reynoldson, McCormick, Larson, Schultz, Carter
Cited by
36 cases

determining district court’s order establishing a plan for election of a new board of directions was final where, “[i]f the plan were carried out, the court would not be able to return the parties to their former positions”

How later courts described this case

  • determining district court’s order establishing a plan for election of a new board of directions was final where, “[i]f the plan were carried out, the court would not be able to return the parties to their former positions”
  • “We find that the adjudication is final because the case falls within the rule that a case may have more than one final order.”

Written by the judges who cited it.

The opinion

CARTER, Justice

(concurring specially).

The majority appears to approve a court-imposed limitation on solicitation of proxies on the ground that it is in the best interests of the company to retain the present directors in whole or in part. I do not believe that a court of equity should condition the election of directors of a membership association in a manner which favors a particular outcome in the elective process. I do believe, however, that there are other reasons, based on promoting fairness in the election process, which justify the limitations which the district court imposed. I therefore concur in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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