875 N.W.2d 720
Iowa2016Background
- Larry Hedlund, a former Iowa Division of Criminal Investigation agent, was placed on leave and later terminated after reporting a speeding SUV carrying the Governor and Lieutenant Governor and sending related emails.
- Hedlund sued in Polk County district court for wrongful discharge in violation of public policy and under Iowa Code §70A.28(2), naming state officials in their individual capacities.
- Hedlund also pursued administrative appeals under Iowa Code §80.15 (EAB) and §70A.28(6) (PERB); he later dismissed the EAB appeal and retired.
- The district court granted defendants’ motion to dismiss Hedlund’s common-law wrongful-discharge claim, concluding no clearly defined public-policy exception protected Hedlund and noting statutory remedies under §80.15.
- Hedlund filed a Rule 1.904(2) motion to amend the court’s ruling (arguing largely legal authority and out-of-state cases rather than new facts); the district court denied the motion.
- Hedlund filed an application for interlocutory appeal more than 30 days after the dismissal order but within 30 days of the denial of his Rule 1.904(2) motion; the Iowa Supreme Court dismissed the interlocutory appeal as untimely because the Rule 1.904(2) motion was improper and did not toll the appeal period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Rule 1.904(2) motion tolled the 30-day interlocutory-appeal period after dismissal for failure to state a claim | Hedlund argued his Rule 1.904(2) motion extended the appeal deadline because it sought amendment of findings/conclusions | State argued Rule 1.904(2) does not apply to purely legal rulings on motions to dismiss and an improper motion does not toll the appeal period | Court held Rule 1.904(2) did not apply to the Rule 1.421(1)(f) dismissal; Hedlund’s motion was improper and did not toll the appeal period, so the interlocutory appeal was untimely and dismissed |
| Whether Hedlund’s Rule 1.904(2) motion raised new factual issues or preserved error to justify tolling | Hedlund claimed he later-cited statutory language, administrative rulings (EAB/PERB), and out-of-state authority constituted new facts/grounds to amend and preserve error | State: the filings were legal reargument and citations that could have been presented earlier; no new facts or factual misconceptions were shown | Court held Hedlund’s motion merely rehashed legal arguments and out-of-state authority, offered no new facts or correction of factual error, and thus was not a proper Rule 1.904(2) motion |
Key Cases Cited
- Baur v. Baur Farms, Inc., 832 N.W.2d 663 (Iowa 2013) (only a proper Rule 1.904(2) motion tolls appeal time)
- In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (untimely or improper Rule 1.904(2) motion cannot extend appeal period)
- Explore Information Servs. v. Iowa Ct. Info. Sys., 636 N.W.2d 50 (Iowa 2001) (Rule 1.904(2) is restricted to nonjury factual rulings; not available to reargue legal issues)
- Bellach v. IMT Ins. Co., 573 N.W.2d 903 (Iowa 1998) (posttrial motion that merely rehashes legal issues will not toll appeal time)
- Beck v. Fleener, 376 N.W.2d 594 (Iowa 1985) (jurisdiction depends on whether the motion fits Rule 1.904(2))
- Kunau v. Miller, 328 N.W.2d 529 (Iowa 1983) (Rule 1.904(2) not available after dismissal for failure to state a claim)
- Meier v. Senecaut, 641 N.W.2d 532 (Iowa 2002) (Rule 1.904(2) not for challenging rulings that were purely legal)
- Lamasters v. State, 821 N.W.2d 856 (Iowa 2012) (a Rule 1.904(2) motion raising a purely legal issue does not extend appeal time)
- Sierra Club Iowa Chapter v. Iowa Dep’t of Transp., 832 N.W.2d 636 (Iowa 2013) (distinguishing proper Rule 1.904(2) use to preserve error where district court’s ruling was incomplete)
