Toney v. Parker
Julian Toney, Plaintiff-Appellant,
vs.
Arthur Parker, Hazel Parker, and the Arthur E. Parker and Hazel Frances Parker Trust Dated 5/26/1993, Defendants-Appellees,
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Arthur Parker, Hazel Parker, and the Arthur E. Parker and Hazel Frances Parker Trust Dated 5/26/1993, Counterclaim Plaintiffs-Appellees,
vs.
Julian Toney, Counterclaim Defendant-Appellant.
Attorney for Appellant
Adam Witosky
Attorney for Appellees
Daniel R. Rockhold
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Decatur County, Terry Rickers, Judge. REVERSED AND REMANDED. Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. Dissent by Buller, J. (15 pages)
Julian Toney appeals the district court’s judgment finding that he slandered the title of Arthur and Hazel Parker and awarding punitive damages for this slander of title and a related trespass claim. OPINION HOLDS: We agree that the slander-of-title claim fails. Because Toney’s previous unaccepted offer to buy the land cannot be used as the salable value of the land and the Parkers offered no other evidence of that value, the Parkers failed to prove that they suffered special damages—a necessary element of slander of title. And because the court granted punitive damages for both slander of title and trespass, we vacate that award and remand for the district court to decide the appropriate award for only the trespass claim. DISSENT ASSERTS: Because Toney was familiar with the land, made a written offer, and was fully available for examination at trial, I dissent from the majority’s holding that the district court erred when calculating special damages.
