MCNERTNEY v. KAHLER

No. 04-1012.

710 N.W.2d 209 (2006)

Donald McNERTNEY, as Executor of the Estate of Harold J. McNertney, Appellee, v. Thomas KAHLER, Appellant, Charles McNertney, Intervenor-Appellee.

Supreme Court of Iowa.

February 17, 2006.


Attorney(s) appearing for the Case

Harold W. White of Fitzgibbons Law Firm, Estherville, for appellant.

Eldon J. Winkel, Algona, for appellee.

Thomas W. Lipps of Peterson & Lipps, Algona, for intervenor-appellee.


LAVORATO, Chief Justice.

In this declaratory judgment proceeding, Donald McNertney, as executor of the Estate of Harold J. McNertney, sued Thomas Kahler to have a deed declared invalid. Before he died, the decedent altered the deed by adding Kahler as a grantee and then recorded it. The executor moved for summary judgment, which the district court granted. We affirm.

I. Scope of Review.

A party seeking a declaratory judgment is entitled to move for...

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