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Case No. 19-2057

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

First American Bank and Greenstate Credit Union
v.
Cheryl Lynn Johnson, et al.

Appellee

First American Bank and Greenstate Credit Union

Appellant

Cheryl Lynn Johnson, et al.

Attorneys for Appellee

William B. Serangeli and William M. Reasoner

Attorneys for Appellant

Alexander V. Kornya

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2057
Date Published:
Sep 23, 2020
Summary

            Appeal from the Iowa District Court for Webster County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (14 pages)

            After she defaulted on agreements to pay a mortgage debt, First American Bank (First American) moved for summary judgment to collect the monies from Cheryl Johnson.The district court ruled in favor of the bank and entered a foreclosure decree and an attorney fee judgment against Johnson.Johnson raised claims of abuse of legal process for the bank’s efforts to seek a conservatorship over her.She appeals the dismissal of her counterclaim.She also argues she was not in default of her agreement with the bank and it was error for the district court to grant the bank’s summary judgment.Finally, Johnson disputes the attorney fee award as unreasonable.First American argues that only the attorney fee question is properly before us for consideration because the appeal on the issues resolved by summary judgment is untimely.  OPINION HOLDS: We deny First American’s motion to dismiss the appeal as untimely and affirm the district court on all other issues raised on this appeal.

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