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Jeff M. Mueggenberg, Jeanne M. Mueggenberg and Julie R. Martin
v.
Jim J. Mueggenberg and Janet K. Mueggenberg
Appellee
Jeff M. Mueggenberg, Jeanne M. Mueggenberg and Julie R. Martin
Appellant
Jim J. Mueggenberg and Janet K. Mueggenberg
Attorney for the Appellee
Brant D. Kahler
Attorney for the Appellant
David M. Repp, Thomas D. Hanson and William M. Reasoner
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
No. 21-0887 MUEGGENBERG v. MUEGGENBERG
Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ. Opinion by Badding, J. (20 pages)
Defendants appeal a district court ruling on a petition for partition in kind filed by the plaintiffs. The defendants argue the court’s division of the property was inequitable, the court erred in taxing the plaintiffs’ attorney fees as costs, and the court erred in its overall assessment of costs. OPINION HOLDS: We affirm the district court’s division of property and taxation of a reasonable fee in favor of plaintiffs’ attorney as costs. But because the court taxed all costs against the defendants irrespective of whether all costs were attributable to contests in the proceeding, we vacate the assessment of costs and remand to the court to tax any costs arising from contests to the losing contestant unless otherwise ordered by the court, with any remaining costs taxed proportionately among the parties.
