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Case No. 17-0907

For summaries from opinions prior to August, 2018, view PDF versions here

The Security National Bank of Sioux City, Iowa, as the duly appointed Personal Representative of the Estate of Roger E. Rand
v.
Frank H. Welte II, Diane Welte, Matthew Welte, Welte Flats Farms, Inc., BJM, Inc., Western Slopes Farms, Valley Flats Farms, Inc. and Donald Molstad

Appellant

The Security National Bank of Sioux City, Iowa, as the duly appointed Personal Representative of the Estate of Roger E. Rand

Appellee

Frank H. Welte II, Diane Welte, Matthew Welte, Welte Flats Farms, Inc., BJM, Inc., Western Slopes Farms, Valley Flats Farms, Inc. and Donald Molstad

Attorneys for Appellant

Daniel L. Hartnett and Marci L. Iseminger

Attorneys for Appellee

Lance D. Ehmcke and Jacob V. Kline

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-0907
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  REVERSED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (8 pages)

            The Security National Bank of Sioux City, Iowa (SNB), was appointed personal representative of Roger Rand’s estate and filed a petition for replevin against multiple defendants.  SNB requested immediate possession of farm-related personal property upon which Rand held a perfected security interest.  A hearing was held, and the district court issued two separate rulings, one of which is the subject of this appeal.  OPINION HOLDS: We find, even assuming Frank/BJM and Rand had an implied course of dealing, Frank’s disposition of the tractors by gifting the equity to Matthew was not within the prior course of dealing.

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