Mueller v. St. Ansgar State Bank, No. 89-1646

CourtUnited States State Supreme Court of Iowa
Writing for the CourtConsidered by McGIVERIN; ANDREASEN
Citation465 N.W.2d 659
PartiesLavern S. MUELLER and Gloria K. Mueller, Appellees, v. ST. ANSGAR STATE BANK, Appellant.
Docket NumberNo. 89-1646
Decision Date20 February 1991

Page 659

465 N.W.2d 659
Lavern S. MUELLER and Gloria K. Mueller, Appellees,
v.
ST. ANSGAR STATE BANK, Appellant.
No. 89-1646.
Supreme Court of Iowa.
Feb. 20, 1991.

Judith O'Donohoe, Eggert, Erb, Ott, O'Donohoe & Frye, Charles City, for appellant.

Richard W. Vickers, Greene, for appellees.

Diane M. Stahle, Davis, Hockenberg, Wine, Brown, Koehn & Shors, P.C., Des Moines, for amicus curiae Iowa Bankers Ass'n.

Considered by McGIVERIN, C.J., and HARRIS, NEUMAN, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

The St. Ansgar bank appeals from a judgment of $4500 plus interest and costs entered upon a jury verdict for Lavern S. Mueller and Gloria K. Mueller. The jury found the bank had breached an oral contract to lend money to Muellers for the purchase of bred sows. The bank claims there was insufficient evidence to support the verdict and that the court erred in admitting hearsay testimony.

Muellers filed a motion to dismiss the appeal and a motion to strike the bank's amended brief and argument. They urge that the single issue raised in the appeal was not preserved and that the amended brief was not timely filed. We agree.

I. Preservation of Error.

Our appellate rules require an appellant's brief to state the issue or issues presented for review. Iowa R.App.P. 14(a)(3). Failure to state an issue in the brief may be deemed a waiver of that issue. Lala v. Peoples Bank & Trust Co., 420 N.W.2d 804, 806 (Iowa 1988). The bank's brief identified only one issue for review, "[i]s the jury verdict that there was in fact a breach of contract to lend supported by substantial evidence." The bank argued there was insufficient evidence to support a finding that an oral contract existed.

Muellers filed a motion to dismiss the appeal urging that the bank had failed to preserve error upon the issue raised. In resistance to the motion, the bank stated it had raised the issue in its pretrial motion

Page 660

for summary judgment and in its motion for a directed verdict during trial. We ordered the motion submitted with the appeal.

The bank moved for a directed verdict based upon insufficient evidence at the close of Muellers' case. The district court overruled the motion. The bank then offered evidence. It did not renew the motion for a directed verdict at the close of all the evidence.

Error in overruling a motion to direct a verdict at the close of the plaintiffs' evidence is waived unless the motion is made again at the close of all the evidence. See...

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20 practice notes
  • State v. Lyle, No. 11-1339
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...to authority in their initial brief. See Bennett v. MC No. 619, Inc., 586 N.W.2d 512, 521 (Iowa 1998); Mueller v. St. Ansgar State Bank, 465 N.W.2d 659, 659 (Iowa 1991); McCleeary v. Wirtz, 222 N.W.2d 409, 415 (Iowa 1974). This rule, however, like most other rules, is not without exceptions......
  • State v. Lyle, No. 11–1339.
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...to authority in their initial brief.See Bennett v. MC No. 619, Inc., 586 N.W.2d 512, 521 (Iowa 1998) ; Mueller v. St. Ansgar State Bank, 465 N.W.2d 659, 659 (Iowa 1991) ; McCleeary v. Wirtz, 222 N.W.2d 409, 415 (Iowa 1974). This rule, however, like most other rules, is not without exception......
  • Baldwin v. City of Estherville, No. 17-1592
    • United States
    • United States State Supreme Court of Iowa
    • June 29, 2018
    ...by the parties themselves. See Press-Citizen Co. v. Univ. of Iowa , 817 N.W.2d 480, 493 (Iowa 2012) ; Mueller v. St. Ansgar State Bank , 465 N.W.2d 659, 660 (Iowa 1991).The majority in this case has now judicially created a type of immunity for individual officers. As explained below, I dis......
  • Iowa Ass'n of Bus. & Indus. v. City of Waterloo, 20-0575
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 2021
    ...the legislators, as amicus curiae, are unable to preserve 961 N.W.2d 481 this issue for our review."); Mueller v. St. Ansgar State Bank , 465 N.W.2d 659, 660 (Iowa 1991) ("Under Iowa law, the only issues reviewable are those presented by the parties."); Shenandoah Educ. Ass'n v. Shenandoah ......
  • Request a trial to view additional results
20 cases
  • State v. Lyle, No. 11-1339
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...to authority in their initial brief. See Bennett v. MC No. 619, Inc., 586 N.W.2d 512, 521 (Iowa 1998); Mueller v. St. Ansgar State Bank, 465 N.W.2d 659, 659 (Iowa 1991); McCleeary v. Wirtz, 222 N.W.2d 409, 415 (Iowa 1974). This rule, however, like most other rules, is not without exceptions......
  • State v. Lyle, No. 11–1339.
    • United States
    • United States State Supreme Court of Iowa
    • July 18, 2014
    ...to authority in their initial brief.See Bennett v. MC No. 619, Inc., 586 N.W.2d 512, 521 (Iowa 1998) ; Mueller v. St. Ansgar State Bank, 465 N.W.2d 659, 659 (Iowa 1991) ; McCleeary v. Wirtz, 222 N.W.2d 409, 415 (Iowa 1974). This rule, however, like most other rules, is not without exception......
  • Baldwin v. City of Estherville, No. 17-1592
    • United States
    • United States State Supreme Court of Iowa
    • June 29, 2018
    ...by the parties themselves. See Press-Citizen Co. v. Univ. of Iowa , 817 N.W.2d 480, 493 (Iowa 2012) ; Mueller v. St. Ansgar State Bank , 465 N.W.2d 659, 660 (Iowa 1991).The majority in this case has now judicially created a type of immunity for individual officers. As explained below, I dis......
  • Iowa Ass'n of Bus. & Indus. v. City of Waterloo, No. 20-0575
    • United States
    • United States State Supreme Court of Iowa
    • June 18, 2021
    ...the legislators, as amicus curiae, are unable to preserve 961 N.W.2d 481 this issue for our review."); Mueller v. St. Ansgar State Bank , 465 N.W.2d 659, 660 (Iowa 1991) ("Under Iowa law, the only issues reviewable are those presented by the parties."); Shenandoah Educ. Ass'n v. Shenandoah ......
  • Request a trial to view additional results

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