IN THE COURT OF APPEALS OF IOWA
No. 16-0624
Filed January 11, 2017
FIRST AMERICAN BANK and C.J. LAND, L.L.C.,
Plaintiffs-Appellees,
CLERK OF SUPREME COURT
vs.
FOBIAN FARMS, INC., HOOVER HIGHWAY
BUSINESS PARK, INC., and GATEWAY, LTD.,
Defendants-Appellants.
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Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill,
Judge.
JAN 11, 2017
Fobian Farms, Inc. challenges the district court’s ruling on remand arguing
it abused its discretion in imposing sanctions. WRIT ANNULLED.
ELECTRONICALLY FILED
Gregg A. Geerdes, Iowa City, for appellants.
Mark A. Roberts, Lynn W. Hartman, and Dawn M. Gibson of Simmons
Perrine Moyer Bergman P.L.C., Cedar Rapids, for appellees.
Considered by Vogel, P.J., and Tabor and Mullins, JJ.
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MULLINS, Judge.
This case was previously before this court and was remanded to the
district court to make required specific findings and reconsider the amount of the
sanctions. See First Am. Bank v. Fobian Farms, Inc., No. 14-0309, 2015 WL
3613379, at *12 (Iowa Ct. App. June 10, 2015). Fobian Farms, Inc. challenges
the district court’s ruling on remand arguing it abused its discretion in several
respects.1
“A district court’s order imposing sanctions under our rules of civil
procedure is reviewable for an abuse of discretion.” Everly, 774 N.W.2d at 492.
An abuse occurs “when the district court exercises its discretion on grounds or
for reasons clearly untenable or to an extent clearly unreasonable.” Schettler v.
Iowa Dist. Ct., 509 N.W.2d 459, 464 (Iowa 1993). On our review for an abuse of
discretion, we will correct erroneous applications of law. Weigel v. Weigel, 467
N.W.2d 277, 280 (Iowa 1991).
On remand, the district court entered an order directing the parties to
submit briefs on the remaining issues. After the parties submitted their briefs, the
court wrote a thorough opinion identifying and addressing the issues. The court
showed it exercised its discretion by considering all the necessary factors. The
reasons for its conclusions are not untenable and are not clearly unreasonable.
We find no erroneous applications of law. Accordingly, we find the district court
1
Fobian Farms filed an appeal. “The proper means to review a district court’s order
imposing sanctions is by writ of certiorari.” Everly v. Knoxville Cmty. Sch. Dist., 774
N.W.2d 488, 492 (Iowa 2009). Thus, we treat this appeal as a petition for a writ of
certiorari. See id.
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did not abuse its discretion. We annul the writ without further opinion. See Iowa
Ct. R. 21.26(1)(d), (e).
WRIT ANNULLED.
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State of Iowa Courts
Case Number Case Title
16-0624 First American Bank v. Fobian Farms
Electronically signed on 2017-01-11 09:27:42
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