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Case No. 19-0260

Shawn Shelton
v.
The Trust Created by the Joint Trust Agreement of Larry E. Shelton and Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, and Jan Marie Gwinn

Appellee

Shawn Shelton

Appellant

The Trust Created by the Joint Trust Agreement of Larry E. Shelton and Katherine Shelton, Mary Joleen Pavelka, Ann Jetora Mueller f/k/a Jetora Ann Mueller, and Jan Marie Gwinn

Attorneys for Appellee

Shawn P. Shelton, pro se

Attorneys for Appellant

Drew J. Gentsch

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0260
Date Published:
Feb 19, 2020
Summary

            Appeal from the Iowa District Court for Polk County, David May, Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  May, J., takes no part.  Opinion by Doyle, P.J.  (9 pages)

            Defendant beneficiaries, individually and in their capacity as co-trustees of their parents’ trust, appeal the district court’s ruling denying their motion for summary judgment against their plaintiff brother, Shawn Shelton.  OPINION HOLDS: Because Shawn failed to commence his action within one year of his mother’s death, his claim is barred under Iowa Code section 633A.3108 (2017).  The district court erred in denying the Defendants’ motion for summary judgment on this issue.  So we reverse the district court’s summary judgment ruling and remand to the district court for entry of summary judgment for the Defendants.

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