Opinion
No. 1-1035 / 01-0790
Filed April 10, 2002
Appeal from the Iowa District Court for Buchanan County, Thomas N. Bower, Judge.
Bank Iowa appeals a district court order against the Estate of Violet Cunningham for medical assistance afforded pursuant to Iowa Code§ 249A.5(2)(c) (1999). AFFIRMED.
Gary McClintock of Hoeger McClintock, Independence, for appellant.
Thomas J. Miller, Attorney General, and Janet Hoffman, Assistant Attorney General, for appellee.
Considered by Huitink, P.J., and Zimmer and Vaitheswaran, JJ.
Bank Iowa brings this appeal in its capacity as trustee under the will of Cynthia Zimpher, for the benefit of Violet Cunningham. Cunningham was the beneficiary of a discretionary support trust created by Zimpher. After Cunningham's death, the State of Iowa submitted a claim against the trust to recoup funds expended on Cunningham's behalf through the Medicaid program. The State's correspondence stated that, according to the most current medical history, $11,833.57 had been expended on Cunningham's behalf. Bank Iowa subsequently filed its "Trustee's Final Report," indicating that, with the exception of $16,329.82 withheld to pay the State's claim, all trust funds were distributed to its residual beneficiaries. The State filed an objection to this report, claiming that additional medical bills had been submitted, resulting in a total debt of $23,587.01. On appeal Bank Iowa challenges the subsequent district court judgment against Cunningham's estate in the amount of $23,587.01. It claims that due to ambiguity as to the initial demand's finality and the trustee's reliance thereon, the State should be equitably estopped from claiming more than was originally requested.
It is a fundamental rule of appellate practice that questions not presented to and passed on by the trial court cannot be raised or reviewed on appeal. Cole v. City of Osceola, 179 N.W.2d 524, 527 (Iowa 1970). Bank Iowa did not assert the doctrine of equitable estoppel in the district court. Thus this issue will not be addressed, as it is not preserved for our review. See Mueller v. St. Ansgar State Bank, 465 N.W.2d 659, 660 (Iowa 1991).
The district court decision is affirmed in its entirety.
AFFIRMED.