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Case No. 21-0050

Cadles of West Virginia, LLC, substituted for NCP East LLC
v.
Midwest Biologics, LLC, Advanced Wellness Sports and Spine, P.C., and Brett C. Lockman, Defendants-Appellants

Appellee

Cadles of West Virginia, LLC, substituted for NCP East LLC

Appellants

Midwest Biologics, LLC, Advanced Wellness Sports and Spine, P.C., and Brett C. Lockman, Defendants-Appellants

Attorneys for Appellee

Adam J. Babinat

Attorneys for Appellants

Benjamin J. Samuelson (until withdrawal)
Jean Z. Dickson and Jacob V. Kline (until withdrawal)

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0050
Date Published:
Mar 02, 2022
Summary

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Mullins, S.J., and Blane, S.J.  Opinion by Blane, S.J.  (13 pages)

            In this mortgage foreclosure action, the borrower/mortgagor and guarantors appeal the district court’s grant of summary judgment in favor NCP East LLC, the mortgagee assignee.  They assert NCP, succeeded in interest by Cadles of West Virginia, LLC, failed to submit proof of undisputed facts as required by Iowa Rule of Civil Procedure 1.981(3) and was not entitled to summary judgment or, in the alternative, the court should have granted a continuance of the hearing on the motion to allow discovery under Iowa Rule of Civil Procedure 1.981(6).  OPINION HOLDS: The district court correctly determined that NCP’s affidavits were based on personal knowledge, that the undisputed facts established that there was no genuine issue of material fact, that NCP was entitled to summary judgment, and Midwest Biologics, LLC’s motion for opportunity to conduct discovery in this mortgage foreclosure action was properly denied.  We affirm.

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