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Case No. 20-0524

The Security National Bank of Sioux City v. Welte

The Security National Bank of Sioux City, Iowa as the duly appointed Personal Representative of the Estate of Roger E. Rand, Plaintiff-Appellee

Frank H. Welte II, Diane Welte, Welte Flats Farms, Inc., BJM, Inc., Western Slopes Farms, and Valley Flatsfarm, Inc., Defendants-Appellants,

and

Matthew Welte, Claire J. Welte, Jr., as Trustee of the Vera T. Welte Testamentary Trustee Dated October 7, 2008, and filed with the Clerk of the District Court of Woodbury County, Iowa, on April 13, 2009, Commodity Credit Corporation, Sheryl Goodenow f/k/a Sheryl Welte and Kruger Seeds, Inc., Defendants.

Attorney for Appellants

Robert B. Deck

Attorney for Appellee

Daniel L. Hartnett and Marci L. Iseminger

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0524
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Appellants appeal the district court’s ruling for plaintiffs in a mortgage foreclosure action.  OPINION HOLDS: We conclude the court did not abuse its discretion in denying Frank Welte’s motion for a continuance.  We also conclude the district court properly applied the dragnet clause and determined the proper amount owed by the appellants.  In respect to the evidentiary issues, the parties agree this is an action in equity and although the district court ruled on objections during the bench trial, the rulings on objections do not merit a new trial.  Accordingly, we affirm but remand for any further proceedings related to the foreclosure action.

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