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Case No. 20-0509

Kerndt Brothers Savings Bank
v.
Donald E. Rosenbaum and Aimee L. Rosenbaum

Appellees

Kerndt Brothers Savings Bank

Appellant

Donald E. Rosenbaum and Aimee L. Rosenbaum

Attorneys for Appellees

H. Raymond Terpstra II
Matthew L. Preston and Cara L. Roberts

Attorneys for Appellant

Judith O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0509
Date Published:
Feb 03, 2021
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.

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