City of Ottumwa
v.
Larry D. Clabaugh
Appellee
City of Ottumwa
Appellant
Larry D. Clabaugh
Attorney for the Appellee
Nicholas T. Maxwell and Michael J. Moreland
Attorney for the Appellant
S.P. DeVolder
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn R. Showers and Gregory G. Milani, Judges. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (9 pages)
Larry Clabaugh owns residential property in Ottumwa. The city alleges he used that property to store junk motor vehicles—violating zoning ordinances. At trial, the district court denied Clabaugh’s last minute motion for continuance and advised Clabaugh that the court would enter a default judgment if he left the courtroom. Clabaugh left trial despite the court’s remarks. He now appeals the court’s denial of a continuance and entry of default judgment. OPINION HOLDS: The record does not support Clabaugh’s contention that the continuance was necessary to prevent injustice. And the city had a right to timely enforcement of its ordinances. And, because both parties agreed that Clabaugh was a vital witness, defense counsel anticipated his client faced default if he left the courtroom. The district court properly entered default under Iowa Rule of Civil Procedure 1.971(3).
