DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222107P.pdf 06/28/2023 Larry Muff v. Wells Fargo Bank NA
U.S. Court of Appeals Case No: 22-2107
U.S. District Court for the Northern District of Iowa - Western
[PUBLISHED] [Shepherd, Author, with Erickson and Grasz, Circuit Judges]
Civil case - Conversion. The district court did not err in denying
plaintiff's motions to amend its complaint on the ground the motions did
not comply with the court's local rules; two of the accounts in question
were not controlled by defendant, and any injury to those accounts under a
theory of conversion is not fairly traceable to defendant; as a result,
the plaintiff lacked standing to assert this claim, and the claim should
have been dismissed for lack of jurisdiction rather than being decided on
a summary judgment motion; the grant of summary judgment on this claim is
vacated and the matter remanded for dismissal for lack of jurisdiction;
the record does not establish a confidential relationship between the
person committing the fraud and his mother, and the estate had no standing
to assert a conversion claim for the handling of their joint account;
again, because the court lacked jurisdiction to decide the claim, it erred
in granting summary judgment rather than dismissing the count, and the
matter is remanded with directions to vacate the summary judgment and
dismiss the claim; the final conversion claim is time-barred by the
applicable Iowa three-year statute of limitations.