Midstates Bank, N.A. v. LBR Enterprises, LLC
Midstates Bank, N.A., Plaintiff-Appellee
LBR Enterprises, LLC, Defendant-Appellee
Edward A. Tomas and Barbara E. Tomas, Defendants-Appellants.
Edward A. Tomas and Barbara E. Tomas, Cross-Claim Plaintiffs-Appellants,
LBR Enterprises, LLC, Cross-Claim Defendant-Appellee.
Attorney for Appellants
Brett T. Osborn
Attorney for Appellee
Aimee K. Cizek and Travis J. Marr
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Ringgold County, Bradley McCall, Judge. AFFIRMED. Heard by Bower, C.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (21 pages)
Barbara and Edward Tomas appeal the grant of reformation of a warranty deed based on an alleged scrivener’s error. They argue Midstates lacked standing to seek reformation. They also contend Midstates did not meet its burden of proving (1) the deed contained a scrivener’s error, (2) the deed did not reflect the true intent of the parties, and (3) the doctrine of merger did not apply. Finally, they claim the district court should have awarded rent funds in their favor. OPINION HOLDS: Finding no grounds for reversal, we affirm the grant of reformation.