Ursula Gardner
v.
Des Moines Stucco, LLC
Appellant
Ursula Gardner
Appellee
Des Moines Stucco, LLC
Attorney for the Appellant
Kevin E. Schoeberl
Attorney for the Appellee
Mark R. Hinshaw
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Howard County, Alan Heavens, Judge. AFFIRMED. Considered without oral argument by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (13 pages)
Ursula Gardner appeals the district court’s judgment against Des Moines Stucco, LLC on her breach-of-contract claim. She argues that the court should have awarded more damages because the court erred in finding that she failed to mitigate damages, in calculating the amount of damages that could have been mitigated, and in awarding only nominal damages of $1 for the loss of a warranty from Des Moines Stucco. She also contends the district court should have awarded her common-law attorney fees. OPINION HOLDS: Substantial evidence supports the court’s finding that Gardner failed to mitigate her damages and its calculation of the damages that could have been mitigated. So too does it support the court’s finding that Gardner failed to prove the value of her lost warranty. And nothing in the record comes close to the egregious behavior needed to support Gardner’s extraordinary request for common-law attorney fees. We thus affirm the district court’s judgment.
