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Case No. 20-0489

Jose Calderon, individually and as next friend to E.G. and A.G., and Veronica Gonzales, individually and as next friend to E.G. and A.G.
v.
Saber Khan

Appellant

Jose Calderon, individually and as next friend to E.G. and A.G., and Veronica Gonzales, individually and as next friend to E.G. and A.G.

Appellee

Saber Khan

Attorneys for the Appellant

Benjamin Bergmann and Jessica Donels
Christopher Stewart

Attorney for the Appellee

Gregory G.T. Ervanian

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0489
Date Published:
Sep 01, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED AS MODIFIED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS.  Considered by Bower, C.J., Mullins, J., and Doyle, S.J.  Opinion by Mullins, J.  (11 pages)

            Appellants appeal the district court’s ruling on their petition forwarding claims of (1) unfair and deceptive acts and practices, (2) breach of express warranty of habitability, (3) breach of implied and statutory warranty of habitability, and (4) declaratory and injunctive relief.  OPINION HOLDS: We affirm the district court’s ruling with the exception of the modifications noted in this opinion.  We vacate the attorney fee award and remand the matter to the district court for reconsideration coupled with an explanation for the award.

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