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Case No. 21-0887

Jeff M. Mueggenberg, Jeanne M. Mueggenberg and Julie R. Martin
v.
Jim J. Mueggenberg and Janet K. Mueggenberg

Appellee

Jeff M. Mueggenberg, Jeanne M. Mueggenberg and Julie R. Martin

Appellant

Jim J. Mueggenberg and Janet K. Mueggenberg

Attorneys for Appellee

Brant D. Kahler

Attorneys for Appellant

David M. Repp, Thomas D. Hanson and William M. Reasoner

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0887
Date Published:
Jun 29, 2022
Summary

No. 21-0887   MUEGGENBERG v. MUEGGENBERG

            Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (20 pages)

            Defendants appeal a district court ruling on a petition for partition in kind filed by the plaintiffs.  The defendants argue the court’s division of the property was inequitable, the court erred in taxing the plaintiffs’ attorney fees as costs, and the court erred in its overall assessment of costs.  OPINION HOLDS: We affirm the district court’s division of property and taxation of a reasonable fee in favor of plaintiffs’ attorney as costs.  But because the court taxed all costs against the defendants irrespective of whether all costs were attributable to contests in the proceeding, we vacate the assessment of costs and remand to the court to tax any costs arising from contests to the losing contestant unless otherwise ordered by the court, with any remaining costs taxed proportionately among the parties.

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