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Iowa Mortgage Center LLC v. Lana Baccam and Phouthone Sylavong

IN THE COURT OF APPEALS OF IOWA


February 13, 2013

IOWA MORTGAGE CENTER LLC, PLAINTIFF-APPELLANT,
v.
LANA BACCAM AND PHOUTHONE SYLAVONG, DEFENDANTS-APPELLEES.

Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.

The opinion of the court was delivered by: Bower, J.

Plaintiff appeals the district court's ruling on its breach of contract claim against the defendants. AFFIRMED.

Considered by Doyle, P.J., and Mullins and Bower, JJ.

Plaintiff Iowa Mortgage Center (IMC) appeals the district court's ruling on its breach of contract claim against defendants Lana Baccam and Phouthone Sylavong in regard to a May 2009 promissory note executed by the defendants in IMC's favor in the amount of $52,000. IMC sought to recover monies allegedly unpaid by defendants. Following a bench trial, the district court found IMC's contradictory assertions, admittedly inaccurate record-keeping, and failure to present credible evidence made it impossible for the court to determine what, if anything, was still due and owing on the note.

IMC now argues the district court erred in finding it failed to meet its burden of proof to establish all of the required elements to prevail on its breach of contract claim. After a thorough review and consideration of the record, we affirm the district court's ruling pursuant to Iowa Rule of Appellate Procedure 6.1203(a) and (d). AFFIRMED.

20130213

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