Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1395

Urbandale Best, LLC and Urbandale West, LLC
v.
R & R Real Estate Investors, LLC, R & R Realty Group, LLC, and PMR Realty Group, LLC

Appellants

Urbandale Best, LLC and Urbandale West, LLC

Appellee

R & R Real Estate Investors, LLC, R & R Realty Group, LLC, and PMR Realty Group, LLC

Attorneys for Appellants

Michael A. Dee and Haley R. Van Loon
Lisa Krigsten and Shari L. Klevens

Attorneys for Appellee

George A. LaMarca and Ryan C. Nixon

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1395
Date Published:
Nov 07, 2018
Summary

           Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (7 pages)

           Plaintiff appeals from the district court’s denial of its motion for a post-procedendo order to enforce a contractual remedy or, in the alternative, grant it leave to file a supplemental pleading.  OPINION HOLDS: Our previous opinion resolved the matter of the remedy for the breach of fiduciary duty and provided the district court only the authority to enter an order enforcing that remedy.  The district court was without authority to revisit and decide any additional remedies.  We therefore affirm the district court’s denial of the motion for an order to enforce other contractual remedies and denial of leave to file a supplemental pleading.

© 2022 Iowa Judicial Branch. All Rights Reserved.