Franzen v. Deere and Co. ( 1987 )

CARTER, Justice

(concurring specially).

I concur in the result because I believe the district court was correct in its conclusion that plaintiffs’ claims were not frivolous. I do not agree with the conclusion drawn in this court’s opinion that the district court has no authority to consider a claim under Iowa Rule of Civil Procedure 80(a) which is presented after the conclusion of the primary litigation.

It appears to me that it is preferable to withhold the filing of claims for sanctions under rule 80(a) until the primary litigation is finally concluded.

HARRIS and LARSON, JJ., join this special concurrence.