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Estate of Wilma Poll
v.
Kenneth William Poll
Appellant
Estate of Wilma Poll
Appellee
Kenneth William Poll
Attorney for the Appellant
Christine Frederick and Cynthia Z. Taylor
Attorney for the Appellee
Matthew L. Noel (until withdrawal) and Victoria D. Noel
Supreme Court
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Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jackson County, Stuart P. Werling, Judge. AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Doyle, JJ. Opinion by Doyle, J. (13 pages)
Patricia Gerardy, the conservator for Wilma Poll, brought suit against Kenneth Poll concerning a real estate transaction between Kenneth and Wilma, alleging Kenneth unduly influenced Wilma to enter into the agreement and that Wilma was not competent to enter into the transaction. The jury found in favor of Kenneth, and the district court denied Patricia’s posttrial motions. Patricia appealed, and the Estate of Wilma Poll was substituted as the plaintiff/appellant after Wilma passed away. OPINION HOLDS: Upon our review of the record, we conclude Patricia failed to preserve error on her claim she is entitled to a new trial based upon the district court’s reversal of its initial evidentiary ruling admitting credibility evidence. Additionally, we find the district court did not err in denying Patricia’s motion for judgment notwithstanding the verdict, nor did the court abuse its discretion in denying her motion for a new trial, because there is sufficient evidence to support the jury’s verdict. Accordingly, we affirm the jury’s verdict and the court’s rulings.