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Case No. 22-1377

Wollesen v. Wixted, Inc.


William S. Wollesen, Iowa Plains Farms, Byrite Farm Supply, Inc., Kristi J. Wollesen and John W. Wollesen, Plaintiffs-Appellants

Wixted, Inc., d/b/a Wixted Pope Nora Thompson, Wixted Pope Nora Thompson and Associates, LLC, Jeff Pigott and Eileen Wixted, Defendants-Appellees

Attorneys for Appellants

Joel D. Vos

Zack A. Martin

Samuel L. Blatnick

Attorney for Appellees

Andrew C. Johnson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 21, 2023

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (13 pages)

            Plaintiffs appeal the district court’s grant of summary judgment in favor of the defendants, arguing their claims are not time-barred because (1) their aiding-and-abetting-breach-of-fiduciary-duty claim is subject to a longer limitation period, and (2) the defendants published a defamatory statement fewer than two years before they filed suit.  OPINION HOLDS: The plaintiffs’ aiding-and-abetting-breach-of-fiduciary-duty claim is in fact a claim for attack on reputation, so it is subject to a two-year limitation period.  As the only two statements made within the limitation period are not defamatory as a matter of law, we affirm.

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