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Case No. 21-1259

Dittmer v. Dittmer

Stephanie Dittmer, Stacy Almanza, and Sean Dittmer, Plaintiffs-Appellants

Melody Dittmer, Individually, as Trustee of the Randall F. Dittmer Trust, and a Trustee of the Melody Dittmer Trust, Defendant-Appellee

Attorney for Appellants

Michael C. Walker

Kylie K. Franklin

Glen F. Ruud

Attorneys for Appellee

Elliott R. McDonald, III

Nicholas J. Huffmon

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1259
Date Published:
Jul 20, 2022
Summary

            Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Appellants argue the district court erred in finding two of their claims are barred by the applicable statute of limitations—and that their remaining two claims are therefore moot—because the discovery rule and doctrine of equitable estoppel apply.  OPINION HOLDS: We affirm the district court’s conclusion that the discovery rule is unavailable to the Appellants.  Summary judgment is not appropriate at this time as genuine issues of material fact exist as to whether equitable estoppel ever applied, when equitable estoppel no longer applied, and whether the time between when the estoppel ended and appellants filed suit was unreasonable.

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