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FRIDERES v. SCHILTZ11/22/1995
ant who was a resident of Minnesota at the time of the transaction. The applicable Iowa statute of limitations provided that when another state's statute of limitations already barred an action, the bar would operate as a defense in Iowa just as it would have in the other state. Id. at 49. The Minnesota statute of limitations had expired six years previous to the institution of the action. The transaction at issue took place in Iowa. The legislature amended the Iowa statute of limitations, apparently after the Minnesota statute of limitations had already expired, to provide that the Iowa provision would not apply to causes of action which arose in Iowa. The plaintiff argued that the amended provision revived the expired cause of action. Id. The court looked to the intent of the legislature in enacting the statute and held that the legislature intended
to preserve the rights and conditions of defendants in actions as they had been recognized and settled by the laws of the states where they had previously resided; a result, certainly, in accord with the principles of comity prevailing among the states of the union.
Id. at 49-50. We held that an amendment of a statute of limitations could not apply retrospectively to disturb rights acquired under the prior enactment. Id. at 50. In contrast, where the statute provided that it was intended to apply to causes of action which have already accrued and are not yet barred, our court held the statute was retrospective. Montgomery v. Chadwick, 7 Iowa 114, 132-33 (1858).
In re Estate of Weidman, 476 N.W.2d 357, 364 (Iowa 1991), cert. denied, Weidman v. Stahlhut, 503 U.S. 975, 112 S.Ct. 1596, 118 L.Ed.2d 311 (1992), involved a will contest. The issue before the court was whether an amended statute of limitations would effectively revive a will contestant's action which had previously been barred by the statute of limitations. Id. at 359. We said
"A general rule with respect to statutes of limitations is that the period of limitation in effect at the time suit is brought governs in an action even though it may lengthen or shorten an earlier period of limitation. . . . However, another general rule . . . is that if plaintiff's suit was barred by the running of a statute of limitations prior to the extension of the limitation period, the subsequent statute cannot revive defendant's liability."
Id. at 363-64 (quoting In re M.D.H., 437 N.E.2d 119, 130 (Ind.Ct.App. 1982)). We further stated
This general rule has been followed and further explained by this court and federal courts applying Iowa law. Previously, we have held that the statute of limitations in effect at the time the cause of action accrues is controlling and that the repeal or amendment of a statute of limitations cannot act retrospectively to revive actions previously barred under a prior statute in the absence of express legislative intent.
Id. at 364 (citing Secrest v. Galloway Co., 239 Iowa at 172, 30 N.W.2d at 796; Tischer v. City of Council Bluffs, 231 Iowa 1134, 1149, 3 N.W.2d 166, 174 (Iowa 1942); McDonald v. Jackson, 55 Iowa 37, 38-39, 7 N.W. 408, 409 (1880); Thompson v. Read, 41 Iowa at 50; Montgomery v. Chadwick, 7 Iowa at 132-33). We continued to say, "Federal courts applying Iowa law have not allowed retroactive application of an amended statute of limitations." Id. (citing In re Alodex Corp. Sec. Litig., 392 F. Supp. 672, 680-81 (S.D.Iowa 1975), aff'd, 533 F.2d 372 (8th Cir. 1976); Keen v. Mid-Continent Petroleum Corp., 63 F. Supp. 120, 128 (N.D. Iowa 1945), aff'd, 157 F.2d 310 (8th Cir. 1946)). Applying these general principles, we held the later statute could not be applied retroactively to revive claims already barre
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