No Boundry, LLC
v.
Brandi Smithson
Appellant
No Boundry, LLC
Appellee
Brandi Smithson
Attorney for the Appellant
Charles P. Augustine
Attorney for the Appellee
Leah Patton
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. (15 pages)
The recipient of a tax sale deed appeals a district court ruling in its forcible-entry-and-detainer action finding the party in possession had a right to redeem under Iowa Code section 447.7 (2021) due to a “legal disability.” On our own review, we observe questions about the finality of the court’s ruling and the code year the parties and the court used to analyze the right to redeem. OPINION HOLDS: After concluding the court’s ruling was final and applying the correct version of the statute in our de novo review of the record, we conclude the party in possession was not entitled to redemption. As a result, we reverse and remand with directions.
