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Case No. 21-0014

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.

County:
Woodbury

Applicants

Dolly Investments, LLC

Resisters

MMG Sioux City, LLC, Dale Maxfield, and Maxfield Management Group, LLC

Attorneys for Applicants

Jacob B. Natwick
Zack A. Martin

Attorneys for Resisters

Philip S. Bubb
Brandon R. Underwood

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0014
Date Published:
Dec 15, 2021
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.

Other Information

Date Further Review is Granted:
May 31, 2022
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