Northwest Iowa Mental Health Center d/b/a Seasons Center for Behavioral Health
v.
G. William Phelps and Applewhite Dental, LLC
Appellant
Northwest Iowa Mental Health Center d/b/a Seasons Center for Behavioral Health
Appellee
G. William Phelps and Applewhite Dental, LLC
Attorney for the Appellant
Jill M. Davis
Attorney for the Appellee
Matthew T.E. Early, for appellee G. William Phelps
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Mullins, P.J. (7 pages)
Northwest Iowa Mental Health Center, d/b/a Seasons Center for Behavioral Health (Seasons), appeals the district court order granting summary judgment in favor of G. William Phelps. OPINION HOLDS: On our review of the record, the facts of this case reveal Phelps intended for the trade fixtures to be used in support of his dental practice. There are no facts showing he intended for the trade fixtures to become permanently affixed to the property. Because no genuine issue of material fact remains regarding whether the trade fixtures were permanently affixed to the property and should have remained, we agree with the district court’s order granting summary judgment in favor of Phelps.
