In re Thompson Trust

801 N.W.2d 23, 2011 Iowa App. LEXIS 349, 2011 WL 2041826
CourtCourt of Appeals of Iowa
DecidedMay 25, 2011
DocketNo. 10-0458
StatusPublished
Cited by2 cases

This text of 801 N.W.2d 23 (In re Thompson Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Thompson Trust, 801 N.W.2d 23, 2011 Iowa App. LEXIS 349, 2011 WL 2041826 (iowactapp 2011).

Opinion

VOGEL, P.J.

The Objector to the Trustees’ 2008 annual report appeals the district court’s grant of the Trustees’ motion for summary judgment. We affirm in part, reverse in part, and remand.

I. Background Facts and Proceedings.

The Thompson Trust (the Trust) was originally created in 1912 and will terminate in 2018. In July 2009, the five current Trustees1 filed their annual report reflecting the activities of the Trust for the calendar year 2008. Arabella Decker, one of the many income beneficiaries of the Trust, filed an objection to the report on September 14, 2009, stating,

[T]he proposed allocation of assets does not appear to be in the best interests of the Trust or its beneficiaries. Additionally, the substantial holdings of Wells Fargo Equity, without sufficient diversification, may also be in violation of Iowa law.[2]

[25]*25The Trustees and Ms. Decker (the Objector) engaged in some discovery. On December 31, 2009, the Trustees filed a motion for summary judgment, stating that because there were no material facts in dispute, they were entitled to judgment as a matter of law. They asserted the Objector’s claims were barred by the doctrines of res judicata, consent and affirmation, estoppel by acquiescence, and laches. They also asserted the Objector’s claims must fail for lack of damages.

The matter came on for hearing in January 2010. After a recitation of the history of the Trust and the issues raised, the district court wrote, “based on the fact the Objector has not raised any objection to the Trustees’ Statement of Undisputed Material Facts, the Court concludes those facts to be undisputed.” Addressing the legal issues, it agreed with the Trustees that the Objector’s claims were barred. It did not reach the issue of whether the Objector’s claims failed for lack of damages. The Objector filed a notice of appeal on March 10, 2010.

The Trustees then sought fees and costs, in part associated with defending the Objector’s claims. After a May 18, 2010 hearing on the issue, the district court ordered a total of $57,638.44 be paid from Trust assets, but pursuant to Iowa Code section 633A.4507 (2009), delayed responsibility for payment of fees for defending the objections until a final determination was made, either resolved by the pending appeal or further hearing.3 The Objector filed a notice of appeal from this order on July 19, 2010. On the Objector’s motion, the appeals were consolidated by our supreme court for purposes of our review.

On appeal, the Objector asserts the district court erred in concluding her claims were barred by the doctrines of res judica-ta, consent and affirmation, estoppel by acquiescence, and laches. She also faults the district court for awarding fees and costs, claiming the Trustees did not satisfy their burden to prove the necessity and reasonableness to support the award.

II. Scope and Standard of Review.

We review the district court’s grant of summary judgment for correction of errors at law. Carr v. Bankers Trust Co., 546 N.W.2d 901, 903 (Iowa 1996). Summary judgment should be granted when the entire record demonstrates there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 1.981(3). The purpose of summary judgment is to avoid “useless trials.” Sorensen v. Shaklee Corp., 461 N.W.2d 324, 326 (Iowa 1990). The party resisting a motion for summary judgment may not simply rest on the pleadings, but “must set forth specific evidentiary facts showing the existence of a genuine issue of material fact.” Liska v. First Nat’l Bank in Sioux City, 310 N.W.2d 531, 534 (Iowa Ct.App.1981); see also Iowa R. Civ. P. 1.981(3), (5).

The award of attorney fees and costs is reviewed for an abuse of discretion. See Boyle v. Alum-Line, Inc., 773 N.W.2d 829, 832 (Iowa 2009). (“We review the court’s award of attorney fees for an abuse of discretion. Reversal is warranted only when the court rests its discretionary ruling on grounds that are clearly unreasonable or untenable.”).

III. Resolution of Legal Issues.

Before we launch into the legal issues at issue on review, we note the Objector does not appeal the district court’s [26]*26conclusion that there remained before it no issues of material facts in dispute. Therefore we affirm this finding of the district court and any factual assertion the Objector may inject into her legal arguments is waived. See Aluminum Co. of Am. v. Musal, 622 N.W.2d 476, 479-80 (Iowa 2001) (“Issues not raised in the appellate briefs cannot be considered by the reviewing court.”) (citing Hubby v. State, 331 N.W.2d 690, 694 (Iowa 1983) (“[Ijssues are deemed waived or abandoned when they are not stated on appeal by brief.”)).

We also acknowledge the “well established doctrine of trust law that trustees have a duty of loyalty to the trust they are administering and to its beneficiaries, and must act in good faith in all actions affecting the trust.” Harvey v. Leonard, 268 N.W.2d 504, 512 (Iowa 1978).

A. Res Judicata, Consent and Affirmation, Estoppel by Acquiescence, and Laches.

The Objector asserts the district court erred in concluding the doctrines of res judicata, consent and affirmation, estoppel by acquiescence, and laches barred her objections to the 2008 annual report.

In January 2007, the Objector’s mother died, which changed the status of the Objector from a contingent income beneficiary to a vested income beneficiary. However, the Objector conceded that even as a contingent income beneficiary, she had received the annual reports of the Trustees “for decades.” The 2007 annual report sought, among other things, approval of “the retention of all assets comprising the trust estate, including the large concentration of Wells Fargo & Company stock.” After notice to all beneficiaries and hearing on the matter, the 2007 annual report was approved without objection.

When the 2008 annual report came on for the Trustees’ motion for summary judgment, the district court correctly reasoned and found,

[T]he Court finds nothing in the pleadings in this matter to show that the Objector has suggested any manner in which the Court, by not approving the Report, could change any action of the Trustees that were taken in 2008. At this point, the Trustees can do nothing to change the concentration of Wells Fargo stock as it existed in 2008. Since this matter is now before the Court in 2010, it is obvious the Trustees can do nothing to change that concentration in 2009 unless they have chosen to do so during that year....

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801 N.W.2d 23, 2011 Iowa App. LEXIS 349, 2011 WL 2041826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-thompson-trust-iowactapp-2011.