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Case No. 22-1905

Conservatorship of Janice Geerdes by Laura Jenkins,
v.
Albert Gomez Cruz

Albert Cruz seeks further review of the court of appeals’ decision affirming the district court’s invalidation of a quitclaim deed based on its finding the grantor, Janice Geerdes, lacked sufficient mental capacity and was subject to indue influence by Mr. Cruz.

County:
Kossuth
Trial Court Case No.:
EQCV027463

Resister

Conservatorship of Janice Geerdes by Laura Jenkins,

Applicant

Albert Gomez Cruz

Attorney for the Resister

Kevin R. Sander

Attorney for the Applicant

Shaun A. Thompson

Supreme Court

Oral Argument Schedule

15-15-5

Apr 11, 2024 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-1905
Date Published:
May 17, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1905
Date Published:
Dec 06, 2023
Summary

            Appeal from the Iowa District Court for Kossuth County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Dissent by Buller, J.  (21 pages)

            Albert Cruz appeals the invalidation of a quitclaim deed from Janice Geerdes because of undue influence and lack of mental capacity to execute the deed.  OPINION HOLDS: Considering the heightened mental capacity required for an inter vivos transfer and the record as a whole—especially Geerdes’s mental state in the months before and after signing the deed—we agree the conservator carried her burden to prove Geerdes lacked the mental capacity to execute the deed.  DISSENT ASSERTS: Based on my review of the record and precedent, I cannot join the majority in finding the district court’s mental-capacity analysis is supported by clear and convincing evidence such that we can invalidate Geerdes’s property rights.  I would instead reverse the district court.

Other Information

Date Further Review is Granted:
Feb 08, 2024
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