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Case No. 20-1066

GreatAmerica Financial Services Corporation
v.
Ride Now Auto Parts LLC, Josephine Dolatowski and Robert Hastis

Appellee

GreatAmerica Financial Services Corporation

Appellant

Ride Now Auto Parts LLC, Josephine Dolatowski and Robert Hastis

Attorneys for Appellee

Christopher K. Loftus

Attorneys for Appellant

Larry J. Thorson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1066
Date Published:
Jan 12, 2022
Summary

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns (summary judgment) and Mary E. Chicchelly (attorney fees and final judgment), Judges.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            Ride Now Auto Parts LLC (Ride Now), Josephine Dolatowski, and Robert Hastis appeal the grant of summary judgment in favor of GreatAmerica Financial Services Corp. (GreatAmerica) related to a financing agreement and personal guaranty.  OPINION HOLDS: Ride Now ratified the financing agreement and is liable for its breach.  Dolatowski knew she was signing contracts and is bound by the terms of the personal guaranty.  Genuine issues of material fact remain as to whether fraud was perpetrated upon Hastis in the execution of the Guaranty.  As a result, we affirm the entry of judgment against Ride Now and Dolatowski, and we vacate the entry of judgment against Hastis and remand for additional proceedings.  We find no abuse of discretion in the amount of attorney fees awarded against Ride Now and Dolatowski. 

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