DSM Investment Group, LLC
v.
City of Des Moines, Iowa
Appellant
DSM Investment Group, LLC
Appellee
City of Des Moines, Iowa
Attorney for the Appellant
Cornelius S. Qualley
Attorney for the Appellee
John O. Haraldson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael Jacobsen, Judge. AFFIRMED. Heard by Ahlers, P.J., and Badding and Chicchelly, JJ. Opinion by Ahlers, P.J. (12 pages)
DSM Investment Group, LLC (DSM) appeals from a district court ruling in favor of the City of Des Moines. DSM claims the district court erred in failing to rule on its motion in limine, not awarding damages, classifying certain requested damages as attorney fees, and failing to rule on its due process claim. OPINION HOLDS: The district court was not required to rule on the motion in limine in this bench trial. Because DSM failed to object to evidence as it was presented, its evidentiary claims on appeal are not preserved. DSM failed to present evidence of damages. The attorney fees were correctly classified as such. DSM did not preserve its due process claim because it did not file a timely Iowa Rule of Civil Procedure 1.904(2) motion alerting the court of its failure to address the due process claim.
