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Case No. 18-0261

In re Estate of Franken

John and Dessie Rottinghaus seek further review after the court of appeals affirmed the district court’s order granting the estate’s motion for summary judgment. The Rottinghauses argue the district court erred in concluding the language of Iowa Code section 614.17A renders the right of first refusal unenforceable. They contend their claim against the estate is a breach of contract claim that is not subject to section 614.17A.

Black Hawk
Trial Court Case No.:

John E. Rottinghaus and Dessie Rottinghaus, Plaintiffs-Appellants

Lincoln Savings Bank, Fiduciary of the Estate of Sandra R. Franken, Defendant-Appellee

Attorney for Applicants

Larry J. Thorson

Attorney for Resister

Jared F. Knight
   Brian J. Fagan

Supreme Court

Oral Argument Schedule


Jan 22, 2020 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Jun 12, 2020
Date Amended:
Aug 17, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Mullins, J.  Dissent by Vogel, C.J.  (9 pages)

            John and Dessie Rottinghaus appeal from the district court’s order granting the estate’s motion for summary judgment.  The Rottinghauses contend (1) Iowa Code section 614.17A (2017) was not “timely raised as a defense,” (2) the estate was not “a proper party” to raise section 614.17A as a defense, and (3) the language of sections 614.17A and 614.24 does not “bar the action by the claimants.”  OPINION HOLDS: We conclude the district court did not err in granting summary judgment for the estate.  SPECIAL CONCURRENCE ASSERTS: The majority opinion in this case and the decision in West Lakes Properties, L.C. v. Greenspon Property Management, Inc., No. 16-1463, 2017 WL 4317297 (Iowa Ct. App. Sept. 27, 2017) are limited by the facts and issues presented.  DISSENT ASSERTS: Because I view this case as a simple breach of contract claim and not subject to Iowa Code section 614.17A, I respectfully dissent. 

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