Dianne Lawrence, Paul Struve and Ronald Struve
v.
Perry Struve, Clayton Struve and Struve Boys Farms, LLC
Appellant
Dianne Lawrence, Paul Struve and Ronald Struve
Appellee
Perry Struve, Clayton Struve and Struve Boys Farms, LLC
Attorneys for the Appellant
Jonathon C. Fox (argued)
Steven E. Balk
Attorneys for the Appellee
A. John Frey, Jr.
T. Randy Current (argued)
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge. AFFIRMED. Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Schumacher, P.J. (17 pages)
Three of George Struve’s children (collectively, Plaintiffs) appeal the denial of their claims that gifts of land to George’s son Perry and grandson Clayton were procured through undue influence. Plaintiffs challenge the district court’s ruling that issue preclusion barred the parties from relitigating facts and holdings made in an earlier elder abuse case involving substantially the same parties and facts. Plaintiffs also argue (1) Perry failed to rebut the presumption of undue influence that arose after the district court found a confidential relationship existed between George and Perry and (2) the district court erred in determining no confidential relationship existed between George and Clayton. OPINION HOLDS: Because the record confirms the district court allowed the parties to fully litigate all factual disputes and claims raised and disregarded the initial ruling on issue preclusion, Plaintiffs’ issue-preclusion challenge fails. Upon review of the remaining challenges, we affirm.
