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
Attorney for the Appellee
Christopher K. Loftus
Attorney for the Appellant
Larry J. Thorson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.