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In re Estate of Maxwell
In the Matter of the Estate of Gary Maxwell, Deceased
Gregory Maxwell, Appellant
Estate of Gary Maxwell, by and through its Executors Barbara Martin and Kathryn Moser, Plaintiffs/Counterclaim-Defendants-Appellees
Gregory Maxwell, Defendant/Counterclaimant and Third-Party Plaintiff-Appellant
Barbara Martin and Kathryn Moser, Third-Party Defendants-Appellees
Attorneys for Appellant
S.P. DeVolder
William L. Kutmus
Trevor Hook
Attorneys for Appellee Estate of Gary Maxwell
Michael Marquess
Taylor Reichardt
Attorney for Appellees Barbara Martin and Kathryn Moser
Sean K. Heitmann
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marshall County, Amy M. Moore, Judge. AFFIRMED AS MODIFIED. Heard by Schumacher, P.J., Badding and Chicchelly, J.J. Opinion by Chicchelly, J. (15 pages)
Gregory (Greg) Maxwell appeals the $626,397.58 judgment entered against him on claims by his father’s estate for conversion and unjust enrichment. OPINION HOLDS: Because Greg pled guilty to theft in an amount between $500 and $1000, the district court erred by precluding Greg from litigating his liability for theft of over $240,000. But substantial evidence supports awarding the estate $626,397.58 in damages on the unjust-enrichment claim and denying Greg’s claim that the estate owes him compensation for his caretaking services. We affirm the judgment as modified.
