Kerndt Brothers Savings Bank
v.
Donald E. Rosenbaum and Aimee L. Rosenbaum
Appellee
Kerndt Brothers Savings Bank
Appellant
Donald E. Rosenbaum and Aimee L. Rosenbaum
Attorneys for the Appellee
H. Raymond Terpstra II
Matthew L. Preston and Cara L. Roberts
Attorney for the Appellant
Judith O'Donohoe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (6 pages)
Donald and Aimee Rosenbaum appeal the district court’s order denying their motion to set aside a sheriff’s sale of their property without holding a hearing. They argue the district court denied them due process of law in failing to grant a hearing. OPINION HOLDS: Because the Rosenbaums, through their delay tactics, precipitated the repeated postponement of the sale, they cannot now secure the equitable relief they seek. And they did not preserve the due process argument because they have only raised it on appeal. We affirm.
