For summaries from opinions prior to August, 2018, view PDF versions here.
Aterra 144, 1960 Grand Avenue, WDM, LLC
v.
David B. Anders
Appellee
Aterra 144, 1960 Grand Avenue, WDM, LLC
Appellant
David B. Anders
Attorney for the Appellee
Matthew A. McGuire, Mitchell R. Kunert, and Kevin B. Patrick (until withdrawal)
Attorney for the Appellant
Brett T. Osborn and Emily X. Douglas
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Greer, J. (19 pages)
Following a bench trial, David Anders appeals the district court ruling that his personal guaranty of a lease was enforceable by successor landlord Aterra 144, 1960 Grand Avenue, WDM, LLC (Aterra) and the judgment entered against him. Anders raises a number of alternative theories why the district court erred in its ruling, claiming (1) Aterra’s predecessor in interest abandoned his guaranty, (2) his guaranty was discharged through accord and satisfaction, and (3) Aterra waived his guaranty by failing to rely on it when it purchased the leased premises in 2019. Anders also challenges the district court’s award of attorney fees to Aterra as excessive. OPINION HOLDS: Because Anders’s personal guaranty is still enforceable, we affirm the district court’s ruling and judgment against him. We do not consider his challenge to the award of attorney fees, as he failed to appeal that judgment.
