Dolly Investments, LLC
v.
MMG Sioux City, LLC, Dale Maxfield, and Maxfield Management Group, LLC
Dolly Investments, LLC (“Dolly”), the owner of commercial property leased by MMG Sioux City, LLC, Dale Maxfield, and Maxfield Management Group, LLC (collectively “MMG”) to operate a Golden Corral restaurant, appealed from the district court’s judgment finding Dolly was the first to breach the parties’ lease agreement. It argued MMG repudiated the agreement by closing the restaurant, MMG’s failure to pay monthly rent in full excused Dolly’s further performance, and Dolly’s act of entering onto the property and changing the locks prior to the termination of the lease was not a breach of the agreement.
Applicant
Dolly Investments, LLC
Resister
MMG Sioux City, LLC, Dale Maxfield, and Maxfield Management Group, LLC
Attorneys for the Applicant
Jacob B. Natwick
Zack A. Martin
Attorneys for the Resister
Philip S. Bubb
Brandon R. Underwood
Supreme Court
Oral Argument Schedule
Non-Oral
Oct 12, 2022 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. AFFIRMED. Heard by Vaitheswaran, P.J., and Tabor and May, JJ. Opinion by May, J. (10 pages)
Dolly Investments, LLC (Dolly) appeals a district court ruling determining it breached its lease with MMG Sioux City, LLC. OPINION HOLDS: Dolly’s repudiation claim is not preserved for our review. The district court correctly determined Dolly materially breached the lease first.