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Case No. 19-1192

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

Larry Clement and Clement Auto & Truck, Inc.
v.
Grant Irwin, individually, and Irwin Auto Co. of Fort Dodge, LLC

Appellant

Larry Clement and Clement Auto & Truck, Inc.

Appellee

Grant Irwin, individually, and Irwin Auto Co. of Fort Dodge, LLC

Attorneys for Appellant

Justin L. Sullivan

Attorneys for Appellee

Eric M. Updegraff

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1192
Date Published:
Aug 05, 2020
Summary

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  Dissent by Vaitheswaran, P.J.  (10 pages)

            Larry Clement and Clement Auto & Truck, Inc. (Clement) appeal the district court’s ruling on an action against Grant Irwin and Irwin Auto Co. of Fort Dodge, LLC (Irwin) to collect payments owed under the parties’ agreement.  OPINION HOLDS: We affirm the district court’s judgment because Clement failed to demonstrate the district court erred in concluding interest was not owed.  DISSENT ASSERTS: I would conclude the bankruptcy resulted in a restructuring rather than a liquidation.  Accordingly, I would reverse and remand for entry of an order requiring Irwin to pay interest.  

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