TRI CITY EQUIPMENT v. MODERN REAL ESTATE

No. 89-1389.

460 N.W.2d 464 (1990)

TRI CITY EQUIPMENT CO., Appellee, v. MODERN REAL ESTATE INVESTMENTS, LTD. d/b/a Red Stallion; Ron Farkas; and Robert D. Clark, Appellants.

Supreme Court of Iowa.

Rehearing Denied October 18, 1990.


Attorney(s) appearing for the Case

David P. Poula, Iowa City, for appellants.

Steven T. Hunter of Stanley, Rehling & Lande, P.C., Davenport, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ, and CARTER, JJ.


LARSON, Justice.

This case involves competing claims to funds deposited with an attorney by a client for payment of future attorney's fees. The attorney claims priority in the funds through his attorney's lien under Iowa Code section 602.10116 (1987). The client's judgment creditor, on the other hand, claimed priority through its judgment and succeeding levy. The district court ruled for the judgment creditor, and we affirm.

On July 28, 1988, Tri City Equipment...

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