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Case No. 20-0962

Timothy L. Jackson and Judith Ann Jackson
FYE Excavating, Inc.


Timothy L. Jackson and Judith Ann Jackson

FYE Excavating, Inc.

Attorney for the Appellant

Curtis Dial

Attorney for the

Jeffrey C. McDaniel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 06, 2021

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Timothy and Judith Jackson appeal the district court order granting summary judgment to Fye Excavating, Inc. on its defense of res judicata.  OPINION HOLDS: Because the Jacksons are not entitled to a “second bite” at litigation on their claims related to the loss of trees on their property, we affirm the grant of summary judgment.  

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