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McKiernan v. Wells Fargo Bank

Court of Appeals of Iowa
May 11, 2022
No. 21-0753 (Iowa Ct. App. May. 11, 2022)

Opinion

21-0753

05-11-2022

JAMES McKIERNAN, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A., Defendant-Appellee.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant. William N. Toomey of Phelan Tucker Law, LLP, Iowa City, for appellee.


Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.

James McKiernan appeals from a summary judgment ruling.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for appellant.

William N. Toomey of Phelan Tucker Law, LLP, Iowa City, for appellee.

Considered by May, P.J., and Schumacher and Badding, JJ.

MAY, Presiding Judge

In 2019, James McKiernan brought this action against Wells Fargo Bank, N.A. (Wells Fargo). McKiernan claims Wells Fargo breached a 2009 agreement related to a previous foreclosure case between Wells Fargo and McKiernan. Wells Fargo sought summary judgment. The district court granted the motion because, inter alia, McKiernan's present claims are barred by claim preclusion because he had "a full and fair opportunity to litigate" his present claims in the parties' previous case. McKiernan appeals. Following our review, we conclude the district court was right to grant summary judgment. And we find little reason to elaborate on the district court's well-reasoned ruling. So we affirm without further opinion. See Iowa Ct. R. 21.26(1)(d), (e).

Our review is for errors at law. Andrew v. Hamilton Cnty. Pub. Hosp., 960 N.W.2d 481, 488 (Iowa 2021). And "[w]e view the record 'in the light most favorable to the nonmoving party.'" Id. (citation omitted).

AFFIRMED.


Summaries of

McKiernan v. Wells Fargo Bank

Court of Appeals of Iowa
May 11, 2022
No. 21-0753 (Iowa Ct. App. May. 11, 2022)
Case details for

McKiernan v. Wells Fargo Bank

Case Details

Full title:JAMES McKIERNAN, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.…

Court:Court of Appeals of Iowa

Date published: May 11, 2022

Citations

No. 21-0753 (Iowa Ct. App. May. 11, 2022)