January 11, 2017
FIRST AMERICAN BANK and C.J. LAND, L.L.C., Plaintiffs-Appellees,
FOBIAN FARMS, INC., HOOVER HIGHWAY BUSINESS PARK, INC., and GATEWAY, LTD., Defendants-Appellants.
from the Iowa District Court for Johnson County, Ian K.
Farms, Inc. challenges the district court's ruling on
remand arguing it abused its discretion in imposing
sanctions. WRIT ANNULLED.
A. Geerdes, Iowa City, for appellants.
A. Roberts, Lynn W. Hartman, and Dawn M. Gibson of Simmons
Perrine Moyer Bergman P.L.C., Cedar Rapids, for appellees.
Considered by Vogel, P.J., and Tabor and Mullins, JJ.
case was previously before this court and was remanded to the
district court to make required specific findings and
reconsider the amount of the sanctions. See First Am.
Bank v. Fobian Farms, Inc., No. 14-0309, 2015 WL
3613379, at *12 (Iowa Ct. App. June 10, 2015). Fobian Farms,
Inc. challenges the district court's ruling on remand
arguing it abused its discretion in several
district court's order imposing sanctions under our rules
of civil procedure is reviewable for an abuse of
discretion." Everly, 774 N.W.2d at 492. An
abuse occurs "when the district court exercises its
discretion on grounds or for reasons clearly untenable or to
an extent clearly unreasonable." Schettler v. Iowa
Dist. Ct., 509 N.W.2d 459, 464 (Iowa 1993). On our
review for an abuse of discretion, we will correct erroneous
applications of law. Weigel v. Weigel, 467 N.W.2d
277, 280 (Iowa 1991).
remand, the district court entered an order directing the
parties to submit briefs on the remaining issues. After the
parties submitted their briefs, the court wrote a thorough
opinion identifying and addressing the issues. The court
showed it exercised its discretion by considering all the
necessary factors. The reasons for its conclusions are not
untenable and are not clearly unreasonable. We find no
erroneous applications of law. Accordingly, we find the
district court did not abuse its discretion. We annul the
writ without further opinion. See Iowa Ct. R.
 Fobian Farms filed an appeal.
"The proper means to review a district court's order
imposing sanctions is by writ of certiorari." Everly
v. Knoxville Cmty. Sch. Dist., 774 N.W.2d 488, 492 (Iowa
2009). Thus, we treat this appeal as a petition for a writ of
certiorari. See id.