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
Attorney for the Appellee
Richard H. Moeller
Attorney for the Appellant
David J. Jennett
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.”
