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Case No. 23-1082

Sharon L. Kellogg
v.
Brian Kellogg, Derek Day, Diane M. Kellogg and D&K Ranch, L.C.

County:
Chickasaw

Appellant

Sharon L. Kellogg

Appellee

Brian Kellogg, Derek Day, Diane M. Kellogg and D&K Ranch, L.C.

Attorneys for the Appellant

Christopher F. O'Donohoe
Trevor J. Hurd

Attorneys for the Appellee

David H. Skilton
Chrstine B. Skilton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1082
Date Published:
Dec 18, 2024
Summary

            Appeal from the Iowa District Court for Chickasaw County, Alan Heavens, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (20 pages)

            Sharon Kellogg, a transferee of a membership interest in a limited liability company, appeals the district court’s dismissal of her petition to vacate a deed conveying real estate owned by the company.  She claims (1) there was no “valid basis for the substitution” of judges under Iowa Rule of Civil Procedure 1.1802(1), and the court erred in (2) failing to recognize her member status as the personal representative of a deceased member, (3) holding that the managing member did not breach his fiduciary duty to her or violate the operating agreement by selling the company’s real estate, (4) approving a discounted value for her interest in the company, and (5) failing to consider her oppression claim.  OPINION HOLDS: Having found no reversible error on the claims presented to us, we affirm the district court’s ruling.

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