A.Y. McDonald Industries, Inc.
v.
Michael B. McDonald
Appellee
A.Y. McDonald Industries, Inc.
Appellee
Michael B. McDonald
Attorney for the Appellee
Brian J. Kane, Todd L. Stevenson, and Nicholas J. Kane
Attorney for the Appellee
Susan M. Hess
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED IN PART AND REVERSED IN PART. Considered by Mullins, P.J., and May and Greer, JJ. Opinion by Greer, J. Dissent by Mullins, P.J. (19 pages)
Michael McDonald (Michael) appeals the district court’s ruling in favor of A.Y. McDonald Industries, Inc. (A.Y.) following a trial on a breach of contract dispute. Michael claims the district court erred in (1) finding he, rather than A.Y., breached their amended restitution agreement; (2) declaring a limited power of attorney (LPOA) executed by Michael to facilitate payments to A.Y. from two spendthrift trusts was irrevocable; (3) awarding A.Y. attorney fees; (4) issuing a permanent injunction preventing Michael from rescinding the LPOA or breaching the amended agreement in the future; and (5) finding A.Y. did not interfere with Michael’s expectancy interest under the spendthrift trusts. OPINION HOLDS: We affirm the district court’s order finding Michael in breach of the restitution agreement and the award of attorney fees to A.Y. We also affirm the ruling that A.Y. did not breach any agreement with Michael. We reverse the order enforcing the LPOA and its restraint on the spendthrift trust distributions, and we reverse the grant of A.Y.’s request for a permanent injunction. PARTIAL DISSENT ASSERTS: I would affirm the district court in all respects.
