MidWestOne Bank, Trustee, Haywood B. Belle Family Trust
v.
Short’s Burger & Shine, LLC, Kevin Perez, and Dan Ouverson
Short’s Burger & Shine, LLC, Kevin Perez, and Dan Ouverson (collectively, “Short’s”) sought further review after the court of appeals affirmed the district court’s order mandating Short’s vacate the property because Short’s failed to renew its lease. Short’s argues the conduct of MidWestOne Bank, as trustee of the Haywood O. Belle Family Trust (“MidWestOne”), by providing notice of termination of the lease and commencing eviction actions prevented MidWestOne from demanding strict performance of the lease’s renewal terms, and the district court erred in finding MidWestOne had a right to regain possession of the property.
Resister
MidWestOne Bank, Trustee, Haywood B. Belle Family Trust
Applicant
Short’s Burger & Shine, LLC, Kevin Perez, and Dan Ouverson
Attorney for the Resister
Siobhan Briley
Attorney for the Applicant
Shawn Shearer
Supreme Court
Oral Argument Schedule
15-15-5
Feb 19, 2026 1:30 PM
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, David M. Cox, Judge. AFFIRMED. Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Buller, J. (10 pages)
Building tenant Short’s Burger and Shine, LCC (Short’s) appeals from an order and writ of removal and possession in a commercial forcible‑entry‑and‑detainer (FED) action brought by MidWestOne Bank (MWO). Short’s challenges the effect of a prior FED action and alleged lease violations, whether the lease was modified, and if strict compliance was necessary or equitable. OPINION HOLDS: We find that MWO never repudiated or violated the clear terms of the lease, the lease wasn’t modified, and equity prohibits relief to Short’s. We affirm and direct the district court to take any action necessary to issue or enforce the vacated writ of possession.