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Case No. 21-1646

Jenkins v. Clark

County:
Polk

M. Jenkins as Trustee of the 2216 Lay Street Trust, Plaintiff-Appellee

Leonor Clark and Jason Clark, Defendants-Appellants

Attorneys for Appellants

Frank Cal Tenuta

Alexander Vincent Kornya

Attorney for Appellee

Valerie Cramer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1646
Date Published:
Oct 19, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Jesse Ramirez, District Associate Judge.  REVERSED AND REMANDED WITH INSTRUCTIONS.  Heard by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Chicchelly, J.  (7 pages)

            Leonor and Jason Clark appeal from the district court’s order affirming the small claims court’s grant of a forcible-entry-and-detainer (FED) petition.  The Clarks contend: (1) they should have been able to challenge the validity of the forfeiture giving rise to the FED petition during the FED action, and (2) the small claims court should have transferred the case to district court because it does not have jurisdiction to consider issues of title, which are inherent in determining the validity of forfeiture of a real estate contract.  OPINION HOLDS: Finding the small claims court was indeed without jurisdiction, we reverse and remand with instructions to transfer the case to district court for consideration of the Clarks’ forfeiture challenge.

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