Opinion
No. 07-0709.
January 16, 2008.
Appeal from the Iowa District Court for Johnson County, Nancy A. Baumgartner, District Associate Judge.
A trust beneficiary appeals from the ruling approving the trustee's final report. AFFIRMED.
Thomas Lawler of Lawler Swanson, P.L.C., Parkersburg, for appellant.
Bruce Walker of Phelan, Tucker, Mullen, Walker, Tucker Gelman, Iowa City, and Richard W. Pitzner of Murphy Desmond, S.C., Madison, Wisconsin, for appellee John A. Dulin.
Dell Richard, Coralville, for appellee Trust of John W. Dulin.
Considered by HUITINK, P.J., and VOGEL and MAHAN, JJ.
[EDITORS' NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]
Mary Leverton, a beneficiary of the J. William Dulin Trust #2, appeals from the ruling that approved the former trustee's final report and rejected claims the trustee breached his duty of fiduciary trust. She claims the final report should not be accepted because it did not employ acceptable accounting principles and the trustees breached their fiduciary duties. She further asserts she did not consent to any continuing breach of trust or release the trustees from liability. Upon our de novo review of the record, see Iowa R. App. P. 6.4 (stating cases heard in equity are reviewed de novo), we affirm. The trial court's well-written ruling includes an extensive and detailed examination of the facts. It adequately addresses the issues, supports its factual findings, and makes no error of law. We therefore affirm. See Iowa Ct. R. 21.29 (1)( a)( b) and ( e).