Joseph Goche
v.
WMG, L.C.
Appellee
Joseph Goche
Appellant
WMG, L.C.
Attorneys for the Appellee
Wesley T. Graham
Philip J. Kaplan
Attorney for the Appellant
Thomas W. Lipps
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Kossuth County, David A. Lester, Judge. REVERSED AND REMANDED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (10 pages)
Limited liability company WMG appeals the district court’s grant of Joseph Goche’s motion for summary judgment on Joseph’s claim against WMG for its breach of a warranty deed. The district court applied the doctrine of merger and rejected WMG’s request to reform the contract. OPINION HOLDS: WMG raised a genuine issue of material fact by attempting to make a contrary showing to overcome the presumption of merger. The district court erred when it granted Joseph’s motion for summary judgment. We reverse and remand for further proceedings.
