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Case No. 21-1365

A.Y. McDonald Industries, Inc.
v.
Michael B. McDonald

Appellee

A.Y. McDonald Industries, Inc.

Appellant

Michael B. McDonald

Attorneys for the Appellee

Brian J. Kane
Todd L. Stevenson
Nicholas J. Kane

Attorney for the Appellant

Susan M. Hess

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1365
Date Published:
Aug 31, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., Schumacher, J., and Scott, S.J.  Opinion by Greer, J.  (13 pages)

                Michael McDonald appeals the denial of his motion to quash a garnishment by A.Y. McDonald Industries, Inc. (A.Y.).  OPINION HOLDS: We affirm the district court’s ruling as to the J. Bruce McDonald Trust; the district court previously ruled in a 2019 proceeding that A.Y. could garnish the funds placed in a subaccount for Michael, and Michael failed to appeal the court’s ruling.  Res judicata precludes him from relitigating the issue now.  As to the Delos L. McDonald Trust, we reverse the district court’s ruling; while funds may have been “distributed” to Michael, he has not actually received them—which is necessary for the creditor to reach them.

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