Hagwood Wins Dismissal from Supreme Court

January 02, 2008.

       Boles v. Mariner, No. 2005-IA-000699 SCT (February 2007) Appellate Decision - Carl Hagwood obtained a decision of first impression when the Supreme Court held that the failure to properly open an estate voided the estate from its inception resulting in the failure to have a proper plaintiff to maintain an action on behalf of the estate and the statutory beneficiaries of the estate. The result was dismissal of a nursing home lawsuit wherein the Plaintiffs claimed significant damages arising out of alleged abuse and neglect resulting in death.