Larry Clement and Clement Auto & Truck, Inc.
v.
Grant Irwin, individually, and Irwin Auto Co. of Fort Dodge, LLC
Appellant
Larry Clement and Clement Auto & Truck, Inc.
Appellee
Grant Irwin, individually, and Irwin Auto Co. of Fort Dodge, LLC
Attorney for the Appellant
Justin L. Sullivan
Attorney for the Appellee
Eric M. Updegraff
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Webster County, Adria Kester, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Doyle and May, JJ. Opinion by May, J. Dissent by Vaitheswaran, P.J. (10 pages)
Larry Clement and Clement Auto & Truck, Inc. (Clement) appeal the district court’s ruling on an action against Grant Irwin and Irwin Auto Co. of Fort Dodge, LLC (Irwin) to collect payments owed under the parties’ agreement. OPINION HOLDS: We affirm the district court’s judgment because Clement failed to demonstrate the district court erred in concluding interest was not owed. DISSENT ASSERTS: I would conclude the bankruptcy resulted in a restructuring rather than a liquidation. Accordingly, I would reverse and remand for entry of an order requiring Irwin to pay interest.