Standard Water Control Systems, Inc.
v.
Michael D. Jones and Cori Jones
Standard Water Control Systems, Inc., is seeking further review after the court of appeals affirmed the district court’s finding that Iowa Code section 561.21(3) does not allow a homestead to be sold to recover attorney fees entered as part of a judgment against a home in an action to foreclose a mechanic’s lien, but reversed the decision of the district court on the issue of whether the Joneses waived their homestead rights and remanded for further proceedings.
Applicant
Standard Water Control Systems, Inc.
Resister
Michael D. Jones and Cori Jones
Attorneys for the Applicant
Jodie C. McDougal
Elizabeth R. Meyer
Attorneys for the Resister
John F. Fatino
Jonathan Kramer
Zachary J. Hermsen
Supreme Court
Oral Argument Schedule
15-15-5
Dec 16, 2019 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Bower, J. (15 pages)
In an action by Standard Water Control Systems, Inc. to enforce a judgment arising from a mechanic’s lien, Michael and Cori Jones appeal the district court’s decision finding they waived their homestead rights. OPINION HOLDS: We affirm the district court’s finding Iowa Code section 561.21(3) (2013) does not allow a homestead to be sold to recover attorney fees entered as part of a judgment against a home in an action to foreclose a mechanic’s lien. We reverse the decision of the district court on the issue of whether the Joneses waived their homestead rights and remand for further proceedings.