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William L. Ballou and Linda L. Ballou, Individually and as Trustees of the Ballou Family Revocable Trust u/d/o August 15, 2012, Kathryn Benson, Lorilee Andreini and The Miller Family Partnership
v.
Lee P. Kurtenbach
Appellee
William L. Ballou and Linda L. Ballou, Individually and as Trustees of the Ballou Family Revocable Trust u/d/o August 15, 2012, Kathryn Benson, Lorilee Andreini and The Miller Family Partnership
Appellant
Lee P. Kurtenbach
Attorney for the Appellee
Karl M. Sigwarth and Jeremiah D. Junker
Attorney for the Appellant
Peter C. Riley
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cedar County, Thomas G. Reidel and Jeffrey D. Bert, Judges. AFFIRMED AND REMANDED. Considered by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Tabor, P.J. (16 pages)
A farm tenant appeals the grant of summary judgment dismissing his counterclaim against the landowners who rented him farmland. He also appeals the award of attorney fees to the landowners provided for in their lease agreement, and the landowners request appellate attorney fees. OPINION HOLDS: We find the district court did not err when it found Kurtenbach failed to show there were genuine issues of material fact on his counterclaim of tortious conduct (which encompassed slander of title, defamation, and interference with existing and prospective contracts) and concluded the landowners were entitled to judgment as a matter of law. We also affirm the award of trial attorney fees and award appellate attorney fees under the contract. We remand for a determination of those fees.
