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Binneboese v. Binneboese
Dennis A. Binneboese, Stephen P. Binneboese, Lynn M. Morgan, Mark J. Binneboese, Lisa S. Lovejoy, and Terrie R. Binneboese, Plaintiffs-Appellants,
vs.
James D. Binneboese, Defendant-Appellee.
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James D. Binneboese, Third Party Plaintiff,
vs.
Binneboese Family Farms Partnership, Third Party Defendant.
Attorney for Appellants
David C. Briese
Attorney for Appellee
Angie J. Schneiderman
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Plymouth County, Patrick H. Tott, Judge. AFFIRMED AND REMANDED WITH DIRECTIONS. Heard by Bower, C.J., and Tabor and Chicchelly, JJ. Opinion by Tabor, J. (14 pages)
Siblings appeal rulings in litigation over their brother’s exercise of an option to purchase farmland in their mother’s will. OPINION HOLDS: Because we find no abuse of discretion, we affirm the orders denying the motions to amend. Finding the court properly relied on equitable conversion, we affirm the partial summary judgment for the brother. And because the court’s treatment of the rent and interest was proper, we affirm those rulings. But because the district court ordered the siblings and their spouses—who were not joined as parties to the action—to convey marketable title, we remand with instructions for the district court to address that issue.
