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Case No. 23-0093

Gary Dean Janssen and Larry Dale Janssen,
v.
The Security National Bank of Sioux City, as Executor of the Estate of Richard D. Janssen, and Sheryl Ann Collins, Individually,

Richard Janssen passed away in September of 2018, survived by four sons—Gary, Larry, Dean, and Jeff Janssen—and two daughters—Debra Shultz and Sheryl Collins. Richard left two wills, one executed in 2014 and the other in April of 2018. The brothers filed a will contest, and claimed incapacity of Richard to make the 2018 will and tortious interference with inheritance by Debra and Sheryl. The court declared a mistrial following a hung jury. One month before the second trial, Dean and Jeff dismissed their claims against Debra and Sheryl, and on the eve of trial Gary and Larry moved to dismiss Debra from the lawsuit as well as the incapacity claim against Sheryl. No party objected, and the court granted the motion. On July 1, 2021, the jury returned verdicts for Gary and Larry and against Sheryl. On August 13, 2021, Sheryl filed posttrial motions and briefs, including a motion to dismiss the petition for failure to include Debra, an indispensable party, in the trial. On May 19, 2022, the district court partially granted that motion. On appeal, Gary and Larry maintain the court erred when it found there were violations of Iowa Code section 633.312 (regarding joinder of parties in a will contest) and Iowa Rule of Civil Procedure 1.234 (regarding indispensable parties), and that Debra, Dean, and Jeff must all be rejoined in the suit for a third trial. They argue Debra, Dean, and Jeff had been joined in and participated in the suit for well over two years, and were properly withdrawn or dismissed, and Debra and Sheryl (and the estate) had not objected to Gary’s and Larry’s motion to dismiss Debra as a defendant, or waived any error by the court in granting the motion.

County:
Woodbury
Trial Court Case No.:
ESPR055208

Appellant

Gary Dean Janssen and Larry Dale Janssen,

Appellee

The Security National Bank of Sioux City, as Executor of the Estate of Richard D. Janssen, and Sheryl Ann Collins, Individually,

Attorneys for the Appellant

Tyler M. Smith
Alexander E. Wonio

Attorneys for the Appellee

Colby M. Lessmann
Ryland Deinert

Other Information

Date Retained:
Dec 27, 2023
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