Michael Morrisey
v.
All Iowa Homes, Inc.
Appellant
Michael Morrisey
Appellee
All Iowa Homes, Inc.
Attorney for the Appellant
Amanda Hassid
Attorneys for the Appellee
Kirke C. Quinn
F.D. Chip Baltimore II
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, James A. McGlynn, Judge. AFFIRMED IN PART, REVERSED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Sandy, J. (9 pages)
Michael Morrisey appeals from the district court’s judgment and post-judgment orders denying his request for attorney fees and requiring him to pay All Iowa Homes, Inc.’s (AIH) costs from the date of AIH’s offer to confess judgment through the end of the case. Morrisey argues that the attorney-fees provisions of the real estate purchase agreement between him and AIH did not merge with the deed and the district court’s failure to recognize that merger led it to miscalculate costs. OPINION HOLDS: Because AIH’s failure to disclose a material defect was a breach of the purchase agreement, the attorney-fees provision does not merge with the deed, and reasonable attorney fees shall be assessed.
