Bernard J. Wihlm and Patricia M. Balek v. Shirley A. Campbell, Individually and as of the Estate of John Joseph Wihlm, and as Trustee of the John Joseph Wihlm Revocable Trust Dated April 2, 2012 and Parties in Possession ( 2016 )

IN THE COURT OF APPEALS OF IOWA
No. 15-0401
Filed September 14, 2016
BERNARD J. WIHLM and PATRICIA M. BALEK,
Plaintiffs-Appellees,
vs.
SHIRLEY A. CAMPBELL, individually and as Executor Of the ESTATE OF
JOHN JOSEPH WIHLM, and as Trustee Of the JOHN JOSEPH WIHLM
REVOCABLE TRUST dated April 2, 2012 and PARTIES IN POSSESSION,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Cerro Gordo and Franklin
Counties, DeDra L. Schroeder, Judge.
Appellant appeals from a post-judgment order resolving collateral matters
and enforcing judgment. AFFIRMED.
Michael G. Byrne of Winston & Byrne, P.C., Mason City, for appellant.
Collin M. Davison of Heiny, McManigal, Duffy, Stambaugh & Anderson,
P.L.C., Mason City, for appellees.
Considered by Tabor, P.J., and Bower and McDonald, JJ.
2
MCDONALD, Judge.
This appeal arises out of a partition action and is interrelated with Wihlm v.
Campbell, No. 15-0011, 2016 WL ______, (Iowa Ct. App. Sept. 14, 2016). In the
related appeal, we reversed the judgment of the district court and remanded the
matter to partition in kind certain real property three siblings inherited upon the
death of their father. In this appeal, one of the siblings, Shirley Campbell, raises
several jurisdictional and procedural challenges to a post-judgment hearing and
order in the partition action.
The issues raised in this appeal are largely mooted by the resolution of the
related case. To the extent the issues are not mooted, Campbell’s arguments
are without merit. The district court had subject matter jurisdiction to rule on
collateral matters unrelated to the issues on appeal in the related case and to
enforce its judgment in the absence of a supersedeas bond. See Iowa R. App.
P. 6.601; Gutierrez v. Wal-Mart Stores, Inc., 638 N.W.2d 702, 707 (Iowa 2002)
(“Under the exception, trial courts ‘retain jurisdiction over disputes between the
parties which are collateral to the subject matter of the appeal.’” (citation
omitted)); Hulsing v. Iowa Nat’l Mut. Ins. Co., 329 N.W.2d 5, 7 (Iowa 1983)
(“When an appeal is perfected, the trial court loses jurisdiction over the merits of
the controversy. The trial court may, of course, enforce its judgment during
appeal unless a supersedeas bond is filed.” (citations omitted)). There were no
defects or other irregularities related to the post-judgment hearing or order.
Finally, we deny the appellees’ request for appellate attorney fees. We affirm the
district court without further opinion. See Iowa Ct. R. 21.26(1)(e).
AFFIRMED.