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Case No. 19-2127

Eveline Johnson, individually and in her capacity as Executor of the Estate of Gregory Alan Somers, Deceased
v.
Dennis D. Somers and Somers Farm, LLC, an Iowa limited liability company

Appellee

Eveline Johnson, individually and in her capacity as Executor of the Estate of Gregory Alan Somers, Deceased

Appellant

Dennis D. Somers and Somers Farm, LLC, an Iowa limited liability company

Attorneys for Appellee

Richard H. Moeller

Attorneys for Appellant

David J. Jennett

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2127
Date Published:
Apr 28, 2021
Summary

            Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (27 pages)

            The defendants appeal from the district court’s ruling in this action for an accounting and declaratory judgment.  The defendants contend equitable relief for partial liquidation should not be allowed, the court’s ruling provides for a double recovery of $75,000, and the interest rates and dates of accrual should be modified.  OPINION HOLDS: We affirm the court’s decree in all respects with one exception.  We modify the language of decretal paragraph 2(e), which shall provide: “Interest on the Capital Interest amount shall accrue at the statutory rate for interest on judgments from and after November 29, 2019.”  

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