TBF FINANCIAL, L.L.C. , Plaintiff - Appell ee , vs. PUNA M INN, L.L.C. d/b/a PRESIDENTIAL INN, and DINUBHAI PATEL, SUSHILABEN PATEL, and AMARDEEP PATEL , Defendant s - Appell ants .
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IN THE COURT OF APPEALS OF IOWA
No. 8-514 / 07-0632
Filed October 29, 2008
TBF FINANCIAL, L.L.C.,
Plaintiff-Appellee,
vs.
PUNAM INN, L.L.C. d/b/a
PRESIDENTIAL INN, and DINUBHAI
PATEL, SUSHILABEN PATEL,
and AMARDEEP PATEL,
Defendants-Appellants.
________________________________________________________________
Appeal from the Iowa District Court for Cedar County, James E. Kelley,
Judge.
Appellants seek review of district court’s entry of judgment in favor of TBF
Financial in an action for breach of lease agreement. AFFIRMED.
Christopher l. Surls, Timothy L. Baumann, and Robyn C. Huss of Wm. B.
Norton Law Firm, P.C., Lowden, for appellants.
Daniel D. Bernstein, Davenport, and John Bribriesco, Davenport, for
appellee.
Heard by Huitink, P.J., and Vaitheswaran and Potterfield, JJ.
2
HUITINK, P.J.
Punam Inn, L.L.C., doing business as Presidential Inn, and Dinubhai
Patel, Sushilaben Patel, and Amardeep Patel (Patels) appeal from entry of
judgment in favor of TBF Financial, L.L.C. on its action for breach of lease.
Patels argue the district court erred in failing to conclude that TBF Financial’s
predecessor in interest did not dispose of the secured property in a commercially
reasonable manner or give proper notice.
TBF Financial argues that neither argument was presented to, nor decided
by, the district court.
Patels reply that they preserved the claimed error when they asked the
district court to take judicial notice of a prior foreclosure action. The transcript of
the hearing for this matter covers a mere six pages. The Patels claim error
preservation from the following statement by their trial counsel:
Your Honor, I would ask the Court to take judicial notice of Cedar
County Court File Number EQCV 032883, National Republic Bank
of Chicago versus Punam and ask the Court to review the part of
the file where a receiver was appointed in the year 2003 in terms of
mitigation of damages.
Patels contend, “Had the District Court thoroughly reviewed the disposition of the
secured property, it would have concluded that Financial Pacific failed to comply
with the Uniform Commercial Code by failing to send the required notices.” We
do not find that a request for judicial notice encompasses a requirement that the
district court “thoroughly review” that file for possible flaws and defenses.1
1
“Judicial notice may only be taken of a fact that is not subject to reasonable dispute in
that it is either (1) generally known within the territorial jurisdiction of the trial court or
(2) capable of accurate and ready determination by resort to sources whose accuracy
3
Our error preservation rules require that issues be presented to and
passed upon by the district court before they can be raised and decided on
appeal. Metz v. Amoco Oil Co., 581 N.W.2d 597, 600 (Iowa 1998).
“It is a
fundamental doctrine of appellate review that issues must ordinarily be both
raised and decided by the district court before we will decide them on appeal.”
Meier v. Senecaut, 641 N.W.2d 532, 537 (Iowa 2002). “[R]andom mention of
[an] issue, without elaboration or supportive authority, is insufficient to raise the
issue for our consideration.” Soo Line R. Co. v. Iowa Dep’t of Transp., 521
N.W.2d 685, 691 (Iowa 1994). The statement made in the district court does not
even rise to the level of “random mention” of the claims now made on appeal.
We find the issues presented by appellants were not presented to the
district court, and they are not properly preserved for our review. We affirm.
AFFIRMED.
cannot reasonably be questioned.” Iowa Sup. Ct. Attorney Disciplinary Bd. v. Howe, 706
N.W.2d 360, 380 n.7 (Iowa 2005).
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