ROWEDDER v. ANDERSON

No. 10-1172.

814 N.W.2d 585 (2012)

Kristin L. ROWEDDER, as Conservator of Gary Kral, Appellee, v. Michael ANDERSON, Richard F. Rosener, Mark Helkenn, Raymond Helkenn, McCord Insurance & Real Estate Corp., Roger Preul, and Berneil Preul, Appellants, and Comstock Brothers, Merritt Daniel Comstock, Geary Steven Comstock, Douglas E. Comstock, and D.R. Franck, Defendants.

Supreme Court of Iowa.

June 15, 2012.


Attorney(s) appearing for the Case

Michael P. Jacobs of Rawlings, Nieland, Killinger, Ellwanger, Jacobs, Mohrhauser & Nelson, L.L.P., Sioux City, for appellant Rosener.

Earl G. Greene, III , of Woodke & Gibbons, P.C., L.L.O., Omaha, Nebraska, for appellants Helkenns.

Brandon R. Tomjack of Baird Holm, LLP, Omaha, Nebraska, for appellant Anderson.

Sean A. Minahan , Patrick G. Vipon , and Gage R. Cobb of Lamson, Dugan & Murray, LLP, of Omaha, Nebraska, for appellants McCord Insurance and Preuls.

Mark McCormick of Belin McCormick, P.C., Des Moines, Robert L. Laubenthal and Marvin O. Kieckhafer of Smith Peterson Law Firm, LLP, Council Bluffs, for appellee Rowedder.


WIGGINS, Justice.

Parties seek further review of a court of appeals decision affirming a district court order awarding $1000 in sanctions against plaintiff's counsel and making the sanctions payable to the Crawford County Jury and Witness Fund. We conclude the trial court did not abuse its discretion in fixing the amount of the sanction. We also conclude, however, the court abused its discretion in making the sanction payable to the jury and witness fund. Given the...

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