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IN RE ESTATE OF FALCK

No. 03-0367.

672 N.W.2d 785 (2003)

In the Matter of the ESTATE OF Arlin C. FALCK, Deceased, Kathleen V. Nelson, Trustee of the Arlin C. Falck Living Trust and Executor of the Last Will and Testament of Arlin C. Falck, Deceased, Appellant.

Supreme Court of Iowa.

December 17, 2003.

Attorney(s) appearing for the Case

David J. Dutton and Carolyn A. Rafferty of Dutton, Braun, Staack & Hellman, P.L.C., Waterloo, for appellant.

Robert J. Cowie, Jr. and Donald H. Gloe of Miller, Pearson, Gloe, Burns, Beatty & Cowie, P.L.C., Decorah, for appellee Kirkeby Welding & Machinery.

WIGGINS, Justice.

Kirkeby Welding & Machinery (Kirkeby) provided Arlin C. Falck (Arlin) welding services during his lifetime. Upon Arlin's death, Kirkeby filed a claim against the Arlin Falck Living Trust (Trust) for payment of those services. The trial court entered judgment against the Trust in favor of Kirkeby. Ten and one-half months after judgment entry, the Trust filed a motion to set aside the judgment asserting the trial court did not have subject matter...

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