 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
FRIDERES v. SCHILTZ11/22/1995
87 (Iowa 1991). In Schulte, the statute relied on as a bar was held to be unconstitutional and was subsequently repealed by the Iowa legislature. Id. We then held that a paternity suit was not barred under these circumstances. Id. at 287-88.
In Doe v. Cherwitz, 518 N.W.2d 362, 363 (Iowa 1994), we were asked by the federal court to determine the retroactivity question herein considered in interpreting section 614.8A. We did not reach this question, however, because we answered a preliminary question, holding that section 614.8A did not apply to the plaintiff who was not a "child" at the time of the alleged act of sexual abuse. Id. at 363-64.
Plaintiffs seek support for their argument for applying the statute retroactively from cases that have made a distinction between statutes affecting substantive rights and those dealing with procedure. They argue that section 614.8A relates to procedure or remedy rather than right or substance. See State ex rel. Turner v. Limbrecht, 246 N.W.2d 330, 332 (Iowa 1976), overruled on other grounds, City of Waverly v. Iowa Dep't of Job Serv., 383 N.W.2d 513, 515 (Iowa 1986). As such, it would be applied retrospectively as well as prospectively. See also Bascom, 231 Iowa at 364, 1 N.W.2d at 222; Walker State Bank, 228 N.W.2d at 51.
We have found this distinction helpful in determining legislative intent from an analysis of the effect of the statute. At the same time we have carried out the legislative mandate of Iowa Code section 4.5 regarding prospectivity.
In First National Bank v. Diers, 430 N.W.2d 412, 414 (Iowa 1988), we found the plain language of a statute, involving the redemption from the sale of a homestead, required that the statute be applied prospectively only. We also reasoned that a retroactive application of the statute would not have been intended by the legislature because the result would have been that no one could have complied with the redemption time requirements that had previously expired. Thus, the result of a retroactive interpretation would have been to authorize a useless act. We also noted that a legislative attempt to make the redemption law of Iowa Code section 654.16 retroactive was struck down as an unconstitutional interference with private contractual relations. See Federal Land Bank v. Arnold, 426 N.W.2d 153, 161 (Iowa 1988).
In Diers we found intent to apply the statute prospectively from the language "this act applies to actions filed on or after the effective date of this act." Diers, 430 N.W.2d at 414. From this language we concluded that "the plain language of the statute requires that section 654.16 be applied prospectively." Id.
When the legislature passed Iowa Code section 614.8A it stated in section 3, "This Act is applicable to all actions filed on or after the effective date of the Act." 1990 Iowa Acts ch. 1241, ยง 3. Excepting the addition of the word "all," this language is a verbatim recital of the statutory language we considered in Diers. Consistent with the plain language of the statute and the prospective interpretation of Diers, plaintiffs' filing of their action after July 1, 1990, would [540 NW2d Page 266]
facially appear to meet the statutory time requirements of Iowa Code section 614.8A; however, the decision we made in Diers rejected a retrospective interpretation that would have altered the law that fixed substantive rights of the parties. It also did not present any issue of claims already barred by a statute of limitations.
In other cases we have refused to revive previously barred claims. In Thompson v. Read, 41 Iowa 48, 48 (1875), the plaintiff, an Iowa resident, sought to recover payment on certain notes from the defend
Page 1 2 3 4 5 6 7 8 9 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|