Lincoln Savings Bank
v.
Debra Emmert
Appellee
Lincoln Savings Bank
Appellant
Debra Emmert
Attorneys for Appellee
Jeffrey W. Courter, David T. Bower and Roy R. Leaf
Attorneys for Appellant
Gregg Geerdes
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda Fangman and David Odekirk, Judges. AFFIRMED IN PART AND VACATED IN PART. Heard by May, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (21 pages)
Lincoln Savings Bank (the Bank) initiated foreclosure proceedings against Debra Emmert in July 2019. Debra failed to respond, and the Bank twice asked for entry of default, which the court granted both times. Eventually, the district court entered judgment against Debra for more than $5,000,000 and foreclosed on a property in Cedar Falls and a property in Coralville. Debra appealed. She then filed a motion to set aside the default and, when she did not get the ruling she wanted, a motion to enlarge and reconsider. The district court again ruled against Debra, and she filed a second appeal. At the parties’ joint request, Debra’s two appeals were consolidated. OPINION HOLDS: Because Debra’s first appeal divested the district court of jurisdiction, all rulings that came after December 16, 2020, are nullities; we vacate them. Limiting our consideration to the issues that arose before Debra’s first appeal, Debra has not shown an error in notice or service that invalidates the foreclosure judgment against her. We affirm the December 2, 2020 foreclosure and judgment decree.
