Jenkins v. Clark
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:
Date Published:
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.
