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Case No. 19-1698

Ryan Companies US, Inc.
v.
FDP WTC, LLC

Appellees

Ryan Companies US, Inc.

Appellant

FDP WTC, LLC

Attorneys for Appellees

Stephen D. Marson
Bradley D. Fisher and Brian D. Steffes

Attorneys for Appellant

Philip S. Bubb and Brandon R. Underwood

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1698
Date Published:
Jan 21, 2021
Summary

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J.  (4 pages)

            A defendant appeals following an adverse ruling on a motion for partial summary judgment in favor of a plaintiff under one contract, arguing it should be entitled to setting off of damages among claims across three contracts.  OPINION HOLDS: Upon our plain reading of the contract, we find no contractual agreement to setting off of claims and counterclaims across the three contracts.  As such, set off is prohibited by Iowa Rule of Civil Procedure 1.957.  We affirm entry of judgment in favor of the plaintiff.

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