Mary Elizabeth Slezak
v.
Carl W. Matherly
Appellee
Mary Elizabeth Slezak
Appellant
Carl W. Matherly
Attorney for the Appellee
Joseph G. Gamble and Tara J. Higgins
Attorney for the Appellant
Shaun Thompson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge. AFFIRMED. Considered by Mullins, P.J., and Vogel and Doyle, S.JJ. Gamble, S.J. takes no part. Opinion by Mullins, P.J. (7 pages)
Carl Matherly appeals the enforcement of a settlement agreement for attorney fees and assessment of costs. Carl argues the district court erred in reducing the fee in the settlement agreement because the initial payment was not related to the sale of relevant farmland and because Mary Elizabeth Slezak failed to address the lien directly. Carl argues the district court erred in assessing costs because he should have succeeded on the merits of his claim. OPINION HOLDS: The evidence in the record reveals the lien payment was related to the relevant farmland and was subject to the fee agreement, which was properly enforced. Our review of the record reveals Carl should not have succeeded on his own motion and costs were appropriately assessed.
