Fell Partnership v. Heartland Co-Op
16-1180
| Iowa Ct. App. | Jul 6, 2017Background
- Fell Partnership sued Heartland Co-op for breach of an oral soybean-sale contract and conversion.
- Heartland moved (Apr. 18) to “dismiss or stay,” citing a grain authorization form asserting NGFA rules apply and arguing disputes must be arbitrated.
- The district court denied that motion on May 2, finding the grain authorization form did not constitute an agreement to arbitrate; Heartland did not appeal that order.
- Heartland filed a second, captioned “Application to Compel Arbitration and to Stay Action” (May 25), again relying on the same form and adding an estoppel theory; the court denied it on June 22 as duplicative.
- Heartland appealed the June 22 denial; the Court of Appeals considered whether the May 2 order was a final, appealable denial of an application to compel arbitration and whether the later appeal was timely.
Issues
| Issue | Plaintiff's Argument (Fell) | Defendant's Argument (Heartland) | Held |
|---|---|---|---|
| Whether the appeal is timely / appellate jurisdiction | May 2 order was a final denial of arbitration; appeal of June 22 is untimely | May 2 order was interlocutory (a stay denial) and second motion raised new grounds, so appeal from June 22 is timely | Appeal dismissed as untimely because May 2 order was final and appealable |
| Whether Heartland’s Apr. 18 “motion to dismiss or stay” was actually an application to compel arbitration | The motion functioned as a motion to compel; court treated it as such | The motion was captioned differently and sought different relief; federal stay-law distinctions apply | The substance controlled; the Apr. 18 motion was an application to compel arbitration |
| Whether Heartland could preserve new arguments by refiling | Refiling with new estoppel theory cannot extend appeal time after final denial | Second filing supposedly added new evidence and estoppel, preserving appellate review | Successive motions on same core issue do not indefinitely extend appeal time; second motion was duplicative |
Key Cases Cited
- Des Moines Asphalt & Paving Co. v. Colcon Indus. Corp., 500 N.W.2d 70 (Iowa 1993) (order denying motion to compel arbitration is final and appealable as of right)
- Wesley Ret. Servs., Inc. v. Hansen Lind Meyer Inc., 594 N.W.2d 22 (Iowa 1999) (standard of review for denial of motion to compel arbitration)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (motions are treated by their substance, not their caption)