County Bank v. Shalla
Clinton and Michelle Shalla seek further review of the court of appeals decision affirming the district court’s grant of summary judgment and directed verdict in Chris Goerdt’s and Peoples Bank’s favor, finding that Iowa Code section 535.17(2018) applies both in tort and in contract. The court of appeals further affirmed the district court’s finding regarding the discovery deadline and rejected the Shalla’s arguments that the district court improperly applied the principles of vicarious liability in granting a directed verdict for County Bank on their claims of conversion, and that the jury verdict failed to result in substantial justice. The court of appeals remanded for the determination of appellate attorney fees in favor of County Bank.
County Bank, Plaintiff-Resister
Clinton Allan Shalla and Michelle Lynn Shalla, Defendants-Applicants
Chris Goerdt and Peoples Trust and Savings Bank, Defendants-Resisters
Attorney for Applicant
Peter C. Riley
Attorney for Resister County Bank
John C. Wagner
Attorney for Resisters Chris Goerdt
Kevin C. Rigdon
Theodore T. Appel
Attorneys for Peoples Savings Bank
Ann C. Gronlund
Matthew L. Preston
Brad J. Brady
Jared T. Favero
Supreme Court
Oral Argument Schedule
15-15-5
Mar 27, 2025 9:00 AM
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 Washington County, Michael J. Schilling and Shawn Showers, Judges. AFFIRMED AND REMANDED. Heard by Schumacher, P.J., and Ahlers and Langholz, JJ. Opinion by Schumacher, P.J. Partial Dissent by Langholz, J. (23 pages)
Clint and Michelle Shalla appeal the district court decisions granting summary judgment and a directed verdict, denying extended discovery, and denying them a new trial. OPINION HOLDS: Because we find the district court correctly applied Iowa Code section 535.17 (2018) and the principles of vicarious liability to grant summary judgment and a directed verdict, and it did not abuse its discretion in denying extended discovery or a new trial, we affirm and remand for a determination of appellate attorney fees for County Bank. PARTIAL DISSENT ASSERTS: While I join much of the well-reasoned majority opinion, I cannot agree that the district court properly dismissed the tort claims against Chris Goerdt and Peoples Trust and Savings Bank based on Iowa Code section 535.17, a statute that makes certain agreements “not enforceable in contract law.”