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Flickinger v. Mark IV Apartments, Assoc.

Supreme Court of Iowa

315 N.W.2d 794 (1982)

Relevant factsFree

After Flickinger (plaintiff) fell behind on rent, her landlord, Mark IV Apartments (defendant), changed her apartment locks; upon learning this, Flickinger left town, and Mark IV took her belongings from the apartment and placed them in a storage unit, telling her she was free to retrieve them. Flickinger sued for replevin, and the trial court ordered Mark IV to return her property but declined to award loss-of-use damages; both sides appealed.

IssueFree

Whether, in a replevin action, a defendant cures its wrongful taking of property unless some form of redelivery to the owner occurs.

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