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Terry D. Butler
v.
Wells Fargo Bank, N.A., and David M. Erickson
Appellant
Terry D. Butler
Appellee
Wells Fargo Bank, N.A., and David M. Erickson
Attorneys for the Appellant
John H. Judisch and Robert M. Benton
Allison M. Steuterman and Billy J. Mallory
Attorneys for the Appellee
Jesse Linebaugh, Angela Morales, and Kathryn Skilton, for Wells Fargo Bank, N.A.
David H. Luginbill and Emily A. Kolbe, for David M. Erickson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Warren County, Timothy O'Grady, Judge. AFFIRMED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (12 pages)
Terry Butler appeals from the district court’s grant of summary judgment dismissing his claims against Wells Fargo Bank, N.A. and David Erikson. OPINION HOLDS: The district court correctly concluded Butler’s claims were barred by issue and claim preclusion. Butler’s abuse-of-process claim also failed because he failed to provide evidence the defendants used the legal process for an improper purpose.