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Case No. 17-2009

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.

County:
Polk
Trial Court Case No.:
EQCE075412

Applicants

Standard Water Control Systems, Inc.

Resisters

Michael D. Jones and Cori Jones

Attorneys for Applicants

Jodie C. McDougal
Elizabeth R. Meyer

Attorneys for Resisters

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:
17-2009
Date Published:
Feb 07, 2020

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-2009
Date Published:
Feb 06, 2019
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.

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