Zale E. Owens, of the Estate of John R. Owens v. Connie J. Owens
CourtCourt of Appeals of Iowa
Date FiledOctober 7, 2026
Docket25-1737
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-1737
Filed October 7, 2026
_______________
Zale E. Owens, Executor of the Estate of John R. Owens, Deceased,
Plaintiff–Appellant,
v.
Connie J. Owens,
Defendant–Appellee.
_______________
Appeal from the Iowa District Court for Benton County,
The Honorable Lars G. Anderson, Judge.
_______________
AFFIRMED
_______________
Peter C. Riley (argued) of Tom Riley Law Firm, P.L.C., Cedar Rapids,
attorney for appellant.
Theodore T. Appel (argued) and Kevin C. Rigdon of Bradley & Riley PC,
Cedar Rapids, attorneys for appellee.
_______________
Heard at oral argument
by Greer, P.J., and Ahlers and Sandy, JJ.
Opinion by Greer, P.J.
1
GREER, Presiding Judge.
Zale Owens, as the executor of his father’s estate (the Estate), appeals
the district court order granting summary judgment in favor of Connie
Owens on the Estate’s claim for past crop and rental proceeds from
previously co-owned real property.1 On appeal, the Estate argues the district
court improperly concluded the doctrine of claim preclusion applied to bar
the Estate’s claim. Because Connie is correct that the claim for past crop and
rental proceeds could have and should have been fully adjudicated in the
partition action that now is fully resolved, on our review, we affirm.
I. Background Facts and Proceedings.
Prior to his death, John Owens owned undivided fractional interests in
nine pieces of real property in Benton and Linn Counties. Other relatives
held the remaining interests. Relevant to this appeal, John had an undivided
one-half interest in a Benton County property (the Property) as tenants in
common with Connie, his sister-in-law. Connie’s residence was on the
Property, and the Property also had tillable farmland. Connie admits that the
Property has generated crops or rental income from tenant farmers over the
years.
When John died in July 2020, his property interests passed to the
Estate. Zale was eventually appointed the Estate’s sole executor. Zale
determined that the Estate’s assets could not be divided until the common
ownership issues with the properties were resolved.
To accomplish that goal, in February 2023, the Estate filed a partition
action against the property owners and Estate beneficiaries to sever the
For ease of reference, after providing their full name, we will refer to members of
1
the Owens family by their first names.
2
common ownership of all nine parcels of land, including the Property. In the
petition, the Estate requested the district court, among other things,
“identify[] the interests in property” and “grant appropriate equitable relief
in connection with the partition of the property.”
The parties—except for one defendant, Janis Owens, who was served
but eventually defaulted—began negotiating an agreement to exchange
ownership interests to settle the partition issue. Eventually, these parties
created a partition exchange agreement (the Agreement) to “resolv[e] all
issues in [the] partition action.” Relevant here, the parties agreed that the
Estate would transfer its interest in the Property to Connie in exchange for
Connie’s interest in several other parcels of property. The Agreement did
not contain a release-of-claims or reservation-of-rights clause. All parties,
except Janis, executed the Agreement.
On January 5, 2024, the court entered an order approving the
Agreement among the parties and entering judgment against Janis, binding
her to the terms of the Agreement. The court “retain[ed] jurisdiction to do
any other acts necessary to effectuate the [Agreement].”
Thereafter, issues arose with the Estate performing its obligations
under the Agreement. Specifically, sometime after executing the Agreement,
the Estate had the properties surveyed, which, in the Estate’s view, showed
“that the lots did not have the same size as [the Estate] understood them to
have when [the Estate] entered into the [Agreement].” After that, the Estate
“stopped taking the actions [the Estate] and [its] attorney were ordered to do
to finalize this case.” The Estate failed to transfer record title of the Property
to Connie in accordance with the terms of the Agreement.
3
On June 24, the court requested the parties submit a status report
describing “their positions with regard to what, if any, further action should
be taken by the Court in this matter and if any further action should be taken,
what the timeline would be for the Court to take such action.” On July 15,
the Estate submitted a status report indicating that three months would be
sufficient to resolve the remaining issues. Based on the Estate’s status report,
on July 16, the district court entered an order giving the parties until
October 31 to finalize the transfers in accordance with the Agreement. The
court warned, “If no further filings have been made by this deadline, the
matter may be dismissed without prejudice, at [the Estate’s] cost, and
without further notice to the parties.”
Despite the court’s order, the Estate failed to take the steps necessary
to finalize the property transfers. On October 29, Connie and the other
defendants filed a motion to enforce the Agreement. The court held a
hearing on the motion on February 28, 2025.
On March 3, after the hearing but before the court’s ruling, the Estate
filed the petition in this case, seeking a money judgment for one-half the
value of crops produced and rents paid on the Property since March 1, 2020.
According to the Estate, Connie had not paid any crop or rental proceeds to
John or the Estate, and as a tenant in common with Connie, the Estate was
entitled to fifty percent of these proceeds.
On March 8, in the partition action, the district court entered an order
confirming that the Agreement was court-approved and binding on the
parties. The court noted that the Estate had not filed any request to vacate
or modify the Agreement, nor had the Estate explained why it failed to do so.
The court described the current posture of the case as follows:
4
The present situation involves a settlement agreement which was already
approved by the Court. This is a substantial distinction that both parties
glossed over at the hearing. Once the court approves the settlement
agreement and incorporates its terms into a court decree, it is the decree—
not the parties’ agreement and stipulation—that determines the parties’
rights. The intent of the parties is no longer relevant. It is the Court’s
intent which matters. It is clear [the January 5, 2024 order] intended to
approve the [Agreement] and ordered [the Estate] and [its] counsel to
execute certain actions to finalize the case in accordance with the
[Agreement]. No evidence was presented to the contrary.
As stated above, the [Estate] failed to file any appropriate motion,
application, or petition to vacate or modify [the January 5] order. It is
unclear what remedy the court could now provide without a proper motion
before the Court. The [Estate]’s position is in essence to allow it to
completely ignore [the January 5] order, as if it was never entered, and try
to negotiate a new agreement which is better for the [Estate] and to the
Defendants’ detriment. The undersigned sees no legal support for this
position. The way to enforce a court order is to file for contempt of court
pursuant to Iowa Code Chapter 665. The Defendants have not taken this
step. Therefore, the Court will not make any findings related to contempt.
Under the present procedural posture, the Court can take no action
except to grant the motion to enforce to the extent that it was previously
approved and ordered by the Court. The [Estate] has failed to present any
argument to the Court which would allow it to vacate or modify [the
January 5] order at this time. Furthermore, the evidence presented at the
hearing was otherwise insufficient to rule in the [Estate]’s favor.
(Internal citations omitted).
The court also reiterated, “[T]he obligation to implement the partition
agreement remains and [the Estate] must follow the court order.” In its
ruling, the court confirmed the motion was “granted to clarify to the parties
that the [Agreement] has already been reviewed and approved by the district
court.” The court ordered the Estate and its counsel to comply with the
order and Agreement.
5
On May 29, in the present case, Connie answered, denying the
Estate’s claims and raising several affirmative defenses, including that the
Estate’s claims were “barred by the doctrine of res judicata and, specifically,
[the] settlement agreement reached between the parties.” In June, Connie
filed a motion for summary judgment, arguing that the partition action had
settled all issues, including any right to proceeds from farming or renting the
Property, and the Estate’s claims were therefore barred by the doctrine of
claim preclusion. The Estate resisted.
The district court agreed with Connie, concluded the Estate’s claims
were barred by the doctrine of claim preclusion, and granted Connie’s
motion for summary judgment. The Estate filed a motion to reconsider,
enlarge, or amend, which the court denied. The Estate appeals.
II. Standard of Review.
We review a summary judgment ruling for correction of legal error.
Pavone v. Kirke, 807 N.W.2d 828, 832 (Iowa 2011). Summary judgment is
appropriate when “there is no genuine issue of material fact after a review of
the entire record.” Id. We review the record in the light most favorable to
the nonmoving party and determine whether the movant has “established
entitlement to judgment on the merits as a matter of law.” Id. (citation
omitted).
III. Analysis.
On appeal, the parties dispute whether the doctrine of claim
preclusion applies to the Estate’s request for past crop and rental proceeds
from the Property. Specifically, they disagree about whether the Agreement
was a final judgment on the merits and whether the proceeds claim could
have been fully and fairly adjudicated in the partition action.
6
“The general rule of claim preclusion holds that a valid and final
judgment on a claim bars a second action on the adjudicated claim or any part
thereof.” Id. at 835. Our supreme court has previously addressed the policy
underlying the claim preclusion doctrine:
The policy of the law underlying claim preclusion is that a claim cannot be
split or tried piecemeal. Thus, a party must try all issues growing out of
the claim at one time and not in separate actions. An adjudication in a prior
action between the same parties on the same claim is final as to all issues
that could have been presented to the court for determination. Simply put,
a party is not entitled to a “second bite” simply by alleging a new theory of
recovery for the same wrong.
Id. at 835–36 (citation omitted).
The doctrine applies equally “to matters actually determined in an
earlier action” and “to all relevant matters that could have been determined.”
Id. at 835 (citation omitted). For that reason, claim preclusion may apply to
bar “litigation on matters the parties never litigated in the first claim.” Id.
To successfully assert claim preclusion, the party seeking to use the
doctrine
must show: (1) the parties in the first and second action are the same
parties or parties in privity, (2) there was a final judgment on the merits in
the first action, and (3) the claim in the second suit could have been fully
and fairly adjudicated in the prior case (i.e., both suits involve the same
cause of action).
Id. at 836.
The parties do not dispute the first element. Instead, they disagree
about whether the second and third elements have been met in this case. We
address both elements in turn.
7
A. Whether There Was a Final Judgment on the Merits in the
Partition Action. The district court concluded that the January 5, 2024
order approving the Agreement in the partition action constituted a final
judgment on the merits as it was “a full resolution of the common ownership
of property contemplated by the Petition, and [left] no issue to be resolved by
the Court, aside from effectuating the conveyance of property interests.” On
appeal, the Estate argues that because the Agreement had not been fully
consummated, additional court involvement could still be necessary, and for
that reason neither the Agreement nor the order approving the Agreement is
a final judgment on the merits of the case. Yet, at oral argument, the Estate
conceded it was bound by the Agreement, at least, as far as the exchange of
property was concerned.
A final judgment “finally adjudicates the rights of the parties.” In re
M.W., 894 N.W.2d 526, 532 (Iowa 2017) (citation omitted). “It must put it
beyond the power of the court which made it to place the parties in their
original position.” Id. (citation omitted). Regarding voluntary settlement
agreements, “in the absence of an express reservation of rights, a settlement
agreement disposes of all claims between the parties arising out of the event
to which the agreement related.” Peak v. Adams, 799 N.W.2d 535, 544 (Iowa
2011) (citation omitted).
Generally, settlements end with the plaintiff dismissing the case with
prejudice. Our supreme court has previously concluded that “[a] dismissal
filed as part of a settlement agreement is considered a final adjudication to
prevent multiple litigation over the same claims or issues.” Phipps v.
Winneshiek Cnty., 593 N.W.2d 143, 147 (Iowa 1999). Based on that, “a
voluntary dismissal can constitute a final adjudication of the claims and issues
of a dismissed lawsuit.” Id.
8
In this case, however, no dismissal of the partition action has been
filed. For that reason, we must look at other facts to determine whether there
was a final judgment on the merits. On our review, we conclude that the
district court properly found that the Agreement and order approving the
Agreement constitute a final judgment on the merits.
The Agreement’s purpose was to “resolv[e] all issues in [the] partition
action,” which was filed to sever the common ownership of the co-owned
properties, including the Property. The Estate and Connie both accepted
and executed the Agreement, which did not contain a reservation of rights.
The Estate did not file any motion to amend or set aside the Agreement. The
district court accepted the Agreement in its January 5, 2024 order. The
Estate did not move to modify or vacate the court order at any time, nor did
the Estate appeal the order. See Iowa R. Civ. P. 1.1012 (correcting, vacating,
or modifying judgment); see also Iowa R. App. P. 6.103 (reviewing final orders
on appeal). The time for the Estate to file such a motion or appeal has passed.
See Iowa R. Civ. P. 1.1013(1) (timing of motion under rule 1.1012); see also
Iowa R. App. P. 6.101(1)(b) (timing of appeal).
Thereafter, the district court reaffirmed the finality and effect of the
Agreement in its ruling on the motion to enforce the Agreement. In the
ruling on the motion to enforce, the district court concluded that the Estate
had no evidence that Connie or any of the other defendants breached the
Agreement, nor could the Estate present evidence of “fraud,
misrepresentation or concealment which would lead the court to reject the
[A]greement.” The court also found “insufficient evidence of an actual
factual mistake on the dimensions of the lots.” The court found no merit to
any argument that the Estate could avoid the Agreement, concluding,
“Parties are bound by their contracts even if they later realize they could have
9
gotten a better deal or otherwise should have done more due diligence before
entering into the contract.” The Estate did not appeal this ruling, and the
time to do so has passed. See Iowa R. App. P. 6.101(1)(b).
For the above-stated reasons, we conclude, based on the unique facts
of this case, that the Agreement and order approving the Agreement
constituted a final judgment on the merits for purposes of claim preclusion.
The district court properly found for Connie on this element.
B. Whether the Proceeds Claim Could Have Been Fully and Fairly
Adjudicated in the Partition Action. The district court concluded that the
crop and rental proceeds claim originated from and was connected to the
Property and the claim could have been brought during the partition action.
On appeal, the Estate argues that it could not have joined or litigated the
proceeds claim during the partition action.
At the outset, we note that it was the Estate’s “duty to explore and
discover all of [its] possible causes of action and to bring them at the same
time [it] brought [its] first claim.” Arnevik v. Univ. of Minn. Bd. of Regents,
642 N.W.2d 315, 320 (Iowa 2002). Relatedly, under Iowa Code section 651.9
(2023), “Real and personal property owned by the same person may be
partitioned in the same action.” Regarding joinder of claims in a partition
action, Iowa Code section 651.7 provides:
A party may perfect or quiet title to property that is subject to a
partition petition or request adjudication of a right of a party as to any matter
originating from or connected to the property, including a lien between any
parties. Except as permitted by this section, a joinder of any other claim
to a partition petition shall not be permitted. A counterclaim to a partition
petition shall not be permitted.
(Emphasis added). While section 651.7 statutorily limits the kinds of claims
that may be joined in a partition action, the Estate does not address why a
10
claim for crop and rental proceeds would not constitute a “matter originating
from or connected to the property.”
We find the Estate’s other arguments regarding limitations on joinder
unavailing. While joinder of claims may be disallowed or statutorily limited
in certain cases, those scenarios do not apply here. See Struve v. Struve, 930
N.W.2d 368, 376 (Iowa 2019) (discussing cases disallowing joinder); see also
Gansen v. Gansen, 874 N.W.2d 617, 621 (Iowa 2016) (“By requiring joinder of
additional claims, what was originally a relatively simple and straightforward
action can become much more complicated. A requirement of joinder of
claims might therefore deter the effective use of declaratory actions.”).
Based on the foregoing, we conclude that the Estate could have joined
and pursued the proceeds claim in the partition action. Even so, we must
determine whether the Estate’s failure to pursue the claim in the partition
action implicates the doctrine of claim preclusion to bar the Estate from
pursuing the claim in this case.
In determining whether a claim could have been fully and fairly
adjudicated in a prior action, we must decide “whether both suits involve the
same cause of action.” Pavone, 807 N.W.2d at 837. Our supreme court has
previously adopted the Restatement (Second) of Judgments explanation of a
single cause of action, which
connotes a natural grouping or common nucleus of operative facts. Among
the factors relevant to a determination whether the facts are so woven
together as to constitute a single claim are their relatedness in time, space,
origin, or motivation, and whether, taken together, they form a convenient
unit for trial purposes. Though no single factor is determinative, the
relevance of trial convenience makes it appropriate to ask how far the
witnesses or proofs in the second action would tend to overlap the
witnesses or proofs relevant to the first. If there is a substantial overlap,
the second action should ordinarily be held precluded. But the opposite
11
does not hold true; even when there is not a substantial overlap, the second
action may be precluded if it stems from the same transaction or series.
Id. (quoting Restatement (Second) of Judgments § 24 cmt. b (A.L.I. 1982)).
We may find that the claims are the same “if the acts complained of,
and the recovery demanded, are the same, or when the same evidence will
support both actions.” Leuchtenmacher v. Farm Bureau Mut. Ins., 460
N.W.2d 858, 860 (Iowa 1990). “If, however, the two actions rest upon
different states of facts, or if different proofs would be required to sustain the
two actions, a judgment in one is no bar to the maintenance of the other.”
Iowa Coal Min. Co. v. Monroe Cnty., 555 N.W.2d 418, 443 (Iowa 1996) (citation
omitted). In making this determination, we consider: “(1) the protected
right, (2) the alleged wrong, and (3) the relevant evidence.” Id. at 441.
The Estate argues that Hoth v. Iowa Mutual Insurance Co., 577 N.W.2d
390 (Iowa 1998), stands for the proposition that a settlement agreement is
only binding as to the subject matter of the agreement. The Estate is correct
that Hoth states, “Under claim preclusion law, consent judgments are
binding on the parties thereto with respect to the subject of the judgment
consented to.” 577 N.W.2d at 391. However, Hoth—which involved issue
preclusion rather than claim preclusion—did not cite any authority in favor
of that proposition. Id. Further, Hoth continued by reiterating that Iowa had
adopted the Restatement (Second) of Judgments approach “concerning the
dimension of a claim.” Id. at 391–92. The Restatement (Second) provides:
When a valid and final judgment rendered in an action extinguishes the
plaintiff’s claim pursuant to the rules of merger and bar, the claim
extinguished includes all rights of the plaintiff to remedies against the
defendant with respect to all or any part of the transaction, or series of connected
transactions, out of which the action arose.
12
Restatement (Second) of Judgments § 24 (A.L.I. 1982) (cleaned up)
(emphasis added); see also Hoth, 577 N.W.2d at 391–92. We do not find Hoth
supports the Estate’s narrow view of claim preclusion.
The Estate also argues that the district court misapplied Shivvers v.
Hertz Farm Management, Inc., 595 N.W.2d 476 (Iowa 1999), to the Estate’s
proceeds claims. The court cited Shivvers, which in turn cites Hoth, for the
proposition that “consent judgments that are a bar to refiling are binding on
both the parties and their privies.” Shivvers, 595 N.W.2d at 481. The district
court cited Shivvers in its discussion about the finality of the judgment in the
partition action, not whether the claims in both actions were the same.
Additionally, Shivvers does not cite Hoth for the proposition that consent
judgments are preclusive only to the extent of the agreement. For that
reason, Shivvers similarly does not support the Estate’s narrow view of claim
preclusion.
We conclude that the partition claim and the proceeds claim arise out
of “a natural grouping or common nucleus of operative facts” such that they
are the same cause of action for purposes of claim preclusion. Pavone, 807
N.W.2d at 837 (citation omitted). Importantly, the Estate brought the
partition action as an equitable proceeding to resolve common ownership
issues arising from the Estate’s co-ownership of several properties.
Specifically, regarding the Property, the partition action addressed the
common ownership between the Estate and Connie. The proceeds claim
arises out of the Estate and Connie’s common ownership of the Property.
Based on that, the claims are related in space, origin, and motivation, and
would have formed a convenient unit for trial purposes. See id.
Additionally, the evidence applicable to both the partition claim and
the proceeds claim substantially overlaps. The relevant evidence in both
13
cases includes evidence regarding the co-ownership of the Property. While
the proceeds claim would involve additional evidence regarding the value of
any proceeds from farming or renting the Property, this evidence would have
been relevant to and readily available in the partition action. Because there is
substantial overlap of the evidence in both cases, these claims constitute the
same cause of action for claim preclusion purposes. See id; see also Arnevik,
642 N.W.2d at 321 (“Even though some of the facts necessary to prove [the
plaintiff’s] claim based on contract may be different, that does not change the
fact [the plaintiff ] was required to bring forth all potential theories of
recovery at the time of the first action.”).
Based on the foregoing, the Estate’s claim regarding crop and rental
proceeds from the Property could have, and should have, been fully
adjudicated in the partition action. Because the Estate failed to pursue the
proceeds claim in the partition action, the Estate is now barred by the
doctrine of claim preclusion from doing so in this case. We find no error in
the district court’s summary judgment ruling.
IV. Conclusion.
Upon our review, we conclude the doctrine of claim preclusion barred
the Estate’s proceeds claim and affirm the district court order granting
summary judgment in Connie’s favor.
AFFIRMED.
14