Skip to main content
Iowa Judicial Branch
Main Content

Case No. 17-1964

Serena Konrardy and Carrie Rigdon, n/k/a Carrie Burmeister
v.
Vincent Angerer Trust and Dewitt Bank and Trust Company, as Trustee of the Vincent Angerer Trust

In plaintiffs’ action requesting the district court determine that the proper valuation date for the shares of defendant trust is the date of distribution rather than the date of the grantor’s death, defendants were granted permission for an interlocutory appeal of a ruling denying their motion for summary judgment. The court of appeals affirmed, finding the district court had not erred in determining genuine issues of fact exist as to whether plaintiffs’ action is barred by the statute of limitations and whether defendants’ interpretation of the trust document is correct. Defendants seek further review.

County:
Clinton

Resister

Serena Konrardy and Carrie Rigdon, n/k/a Carrie Burmeister

Applicant

Vincent Angerer Trust and Dewitt Bank and Trust Company, as Trustee of the Vincent Angerer Trust

Attorneys for Resister

Harold J. DeLange II

Attorneys for Applicant

Elliott R. McDonald III

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 05, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
17-1964
Date Published:
Apr 05, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1964
Date Published:
Oct 10, 2018
Summary

            Appeal from the Iowa District Court for Clinton County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            In this interlocutory appeal, the defendants argue the district court erred in denying their motion for summary judgment.  OPINION HOLDS: I. Because the defendants failed to show that the plaintiffs reasonably should have known of the existence of their breach-of-trust claim based on an accounting or report they provided to the plaintiffs, we affirm the order denying summary judgment on the grounds the plaintiffs’ claim violates the statute of limitations found in Iowa Code section 633A.4504 (2017).  II. The defendants are not entitled to summary judgment on the merits because they failed to show that their interpretation of the trust document is correct as a matter of law.

Other Information

Date Further Review is Granted:
Jan 17, 2019

View archived opinions from prior to November 2017

© 2020 Iowa Judicial Branch. All Rights Reserved.