RSB Entertainment, LLC d/b/a Plaza Bowl and Richard J. Moores
v.
Heritage Bank, N.A.
Appellant
RSB Entertainment, LLC d/b/a Plaza Bowl and Richard J. Moores
Appellee
Heritage Bank, N.A.
Attorney for the Appellant
John S. Moeller
Attorney for the Appellee
Sander J. Morehead
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR NEW TRIAL. Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J. Schumacher, J., takes no part. Opinion by Gamble, S.J. (12 pages)
RSB Entertainment, LLC and Richard Moores appeal from the district court’s summary judgment ruling and dismissal of their claim for damages. They challenge the district court’s summary judgment ruling determining certain equipment amounted to fixtures to real property. They also claim disposition of secured collateral was not commercially reasonable. OPINION HOLDS: The district court properly granted summary judgment determining the equipment amounted to fixtures. The district court applied the incorrect legal test in determining commercial reasonableness and entitlement to a deficiency.