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Case No. 20-1171

Donald E. Rosenbaum and Aimee L. Rosenbaum
Kerndt Brothers Savings Bank


Donald E. Rosenbaum and Aimee L. Rosenbaum


Kerndt Brothers Savings Bank

Attorneys for Appellant

Judith O'Donohoe

Attorneys for Appellees

H. Raymond Terpstra II
Matthew L. Preston and Cara L. Roberts

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 22, 2021

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J., and Doyle, S.J.  Opinion by Tabor, P.J.  (4 pages)

            Borrowers Donald and Aimee Rosenbaum appeal the dismissal of motions to set aside judgments for their lender, Kerndt Brothers Savings Bank.  The district court found the Rosenbaums’ motion to set aside summary judgment was untimely.  In support of their appeal, the Rosenbaums seek a novel reading of Iowa Rules of Civil Procedure 1.1012 and 1.1013.  Additionally, the Rosenbaums collaterally attack orders entered by the district court.  They argue that the court lacked jurisdiction while the case was on appeal.  OPINION HOLDS: The Rosenbaums’ attempt to vacate a summary judgment was untimely.  And the district court retained jurisdiction to decide collateral matters in subsequent orders.  Because these issues are dispositive, we do not reach any remaining claims.  We affirm.

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