First Iowa State Bank v. Klodt
FIRST IOWA STATE BANK f/k/a COMMUNITY FIRST BANK, Plaintiff-Appellee/Cross-Appellant
GAIL B. KLODT, Defendant-Appellant/Cross-Appellee,
BRADLEY J. KLODT and UNITED STATES OF AMERICA through U.S. DEPARTMENT OF AGRICULTURE, FARM SERVICE AGENCY, Defendants.
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FIRST IOWA STATE BANK f/k/a COMMUNITY FIRST STATE BANK, Third-Party and Counterclaimant Plaintiff,
JOEL M. SHUMATE, Third-Party Defendant,
BRADLEY J. KLODT and GAIL B. KLODT, husband and wife, Defendants to Counterclaim.
Attorney for Appellant
Peter C. Riley
Attorneys for Appellee
Kristina M. Stanger
Logan J. Eliasen
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge. AFFIRMED ON APPEAL; APPEAL DISMISSED ON CROSS-APPEAL. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (8 pages)
Gail Klodt appeals the district court’s grant of summary judgment in favor of First Iowa State Bank (the Bank). She argues the court erred in dismissing her counterclaims filed against the Bank in its foreclosure action against Gail and her former husband Bradley Klodt. The Bank filed a cross-appeal against third-party defendant and former Bank employee, Joel Shumate. OPINION HOLDS: We find no error at law in the district court’s dismissal of Gail’s counterclaims for fraudulent misrepresentation, fraudulent nondisclosure, or breach of contract. With this result, we need not reach the Bank’s cross-appeal regarding the reinstatement of its action against Shumate. We therefore affirm the district court’s order regarding Gail’s counterclaims and dismiss the Bank’s cross-appeal.
