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Case No. 17-1666

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

Robert Valley and Marlene Valley
v.
Douglas Kiel and Jan Kiel

Appellant

Robert Valley and Marlene Valley

Appellee

Douglas Kiel and Jan Kiel

Attorney for the Appellant

Jeffrey E. Clements

Attorney for the Appellee

Patrick B. Dillon

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1666
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Fayette County, John J. Bauercamper, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (10 pages)

            Robert and Marlene Valley appeal the district court order denying their petition and entering judgment in favor of Douglas and Jan Kiel.  OPINION HOLDS: The Valleys have met their burden of proving their claim to enforce the security interest, and the Kiels fall short of proving by clear and convincing evidence the proof necessary to reform the contract.  We reverse the district court order denying the Valleys’ petition, enter judgment in their favor, and assess costs of the action to the Kiels.  We remand to the district court to determine the amount of attorney fees to award the Valleys.

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