Stanley James Holt and Angela Sue Holt
v.
Riley McDermott
Appellee
Stanley James Holt and Angela Sue Holt
Appellant
Riley McDermott
Attorney for the Appellee
Richard F. Mitvalsky
Attorneys for the Appellant
Jodie McDougal
Michael D. Currie
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Delaware County, Mark R. Lawson and Melissa A. Anderson-Seeber, Judges. REVERSED AND REMANDED. Heard at oral argument by Schumacher, P.J, and Badding and Chicchelly, JJ. Opinion by Schumacher, P.J. (20 pages)
A party appeals two orders by the district court: one declining to enforce a settlement agreement between the parties and one finding a fence a party erected “was a clear violation of the express easement that had been in existence since 1981.” OPINION HOLDS: We conclude a settlement agreement was reached between the parties. As such, we reverse and remand for the entry of an order of enforcement as to the settlement agreement. And because the resolution of the settlement agreement issue is dispositive of the appeal, we do not address the claim concerning the enforcement of the easement.
