Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0836

Mary Elizabeth Slezak
Carl W. Matherly


Mary Elizabeth Slezak


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:
Aug 18, 2021

            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. 

© 2024 Iowa Judicial Branch. All Rights Reserved.