Carter v. Carter
Jason Carter, Plaintiff-Appellant
Billy Dean Carter, Bill G. Carter, and the Estate of Shirley D. Carter, by and through Bill G. Carter, Executor, Defendants-Appellees
Attorneys for Appellant
Alison F. Kanne
Christine E. Branstad
Nathan A. Olson
Attorneys for Appellees
Mark E. Wienhardt
David N. Fautsch
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marion County, Jeffrey D. Farrell, Judge. AFFIRMED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (13 pages)
Jason Carter appeals the order granting summary judgment and dismissing an equitable action to vacate the final judgment entered in a separate action. OPINION HOLDS: I. The district court properly exercised its discretion in denying Jason’s motion to conduct limited discovery. II. Jason failed to prove the defendants obtained the judgment in the wrongful-death action by extrinsic fraud. He is either collaterally estopped from relitigating his claim of newly discovered evidence, or it fails on the merits for the reasons stated in Carter v. Carter, 957 N.W.2d 623, 646 (Iowa 2021). We therefore affirm the grant of summary judgment.
