In re Estate of Johnston
Peggy Johnston appealed an adverse grant of a directed verdict on her claim against her deceased husband’s estate. Johnston argued the district court applied the incorrect law to the facts. The court of appeals found the district court applied an improper legal standard and resulting burden. The court of appeals reversed the directed verdict and remanded for completion of the hearing on the claim and adjudication on the merits, applying the correct legal framework. The decedent’s daughter and the estate seek further review.
In the Matter of the Estate of John Eugene Johnston, Deceased
Peggy Johnston, Appellant
Attorney for Appellant
Bryan Goldsmith
Attorneys for Appellee
Randall C. Stravers
Greg Life
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 14, 2024 9:00 AM
Briefs
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge. REVERSED AND REMANDED. Heard by Tabor, P.J., Badding, J., and Blane, S.J. Opinion by Badding, J. (13 pages)
Peggy Johnston appeals an adverse grant of a directed verdict on her claim against her deceased husband’s estate. OPINION HOLDS: We reverse the court’s directed verdict and remand for completion of the hearing on the claim.