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Case No. 19-0008

In the Matter of the Estate of Francis O. Glaser, Deceased. Judy E. Bowling, Fiduciary of the Estate of Francis O. Glaser, and State of Iowa ex rel. Department of Revenue
v.
Sherri M. Kindsfather,

Sherri Kindsfather seeks further review of the court of appeals’ opinion affirming the district court’s order setting aside fraudulent transfers of real property. She argues, among other things, the district court set-aside the transfers in violation of Iowa Code section 633.368. Judy Bowling, as fiduciary of the estate, also seeks further review, arguing the court of appeals erred in finding the statute of limitations precluded consideration of certain issues and Ms. Kindsfather did not have sufficient notice to defend against the estate’s claim the transfers were designed to defraud the decedent’s innocent creditors.

County:
Jackson

Resisters

In the Matter of the Estate of Francis O. Glaser, Deceased. Judy E. Bowling, Fiduciary of the Estate of Francis O. Glaser, and State of Iowa ex rel. Department of Revenue

Applicant

Sherri M. Kindsfather,

Attorneys for Resisters

David Pillers
Laurie Heron McCown

Attorneys for Applicant

John T. Flynn

Supreme Court

Oral Argument Schedule

Non-Oral

Jan 20, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-0008
Date Published:
Apr 30, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0008
Date Published:
Jul 22, 2020
Summary

            Appeal from the Iowa District Court for Jackson County, Sean McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.  Heard by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  (13 pages)

            Sherri Kindsfather appeals a district court ruling setting aside certain conveyances of real property.  OPINION HOLDS: As to the farm property, we reverse because the administrator’s original pleading did not provide fair notice of a claim to the farm; the administrator’s motion to amend was made after the statute of limitations had passed; and the amendment did not relate back to the original pleading.  In all other regards, we affirm.

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