IN THE COURT OF APPEALS OF IOWA

No. 16-0246

Filed January 25, 2017

DIRK COLE BEAL,

Plaintiff-Appellee,

vs.

JONATHAN TOLBERT CROWDER,

Defendant-Appellant.

________________________________________________________________

Appeal from the Iowa District Court for Benton County, Marsha A. Bergan, 

Judge.

A defendant appeals the district court’s denial of his motion to set aside a 

default judgment. REVERSED AND REMANDED.

Jeffrey M. Beatty of Shuttleworth & Ingersoll, P.L.C., Cedar Rapids, for 

appellant.

Gary J. Shea of Gary J. Shea Law Offices, Cedar Rapids, for appellee.

Considered by Potterfield, P.J., and Doyle and Tabor, JJ.
2

TABOR, Judge.

Jonathan Crowder appeals the district court’s denial of his motion to set 

aside a default judgment holding him liable for $993,760 in damages suffered by 

Dirk Beal. Crowder argues the court abused its discretion by entering judgment 

against him because he was not in default. Considering the unusual procedural 

course taken by this case, we agree default judgment was not appropriate. 

Specifically, we find Crowder’s handwritten letter, in which he denied Beal’s

allegations, constituted an answer and the clerk of court’s mailing of the letter at 

the court’s direction satisfied Crowder’s service requirement. Accordingly, we 

reverse the ruling and remand for further proceedings.1

I. Facts and Prior Proceedings

Beal filed a petition at law on June 27, 2011, alleging he suffered injuries 

while working on a roofing construction project in November 2010 as a result of 

the negligence of Paul and Jennifer Sankot, doing business as Sankot 

Construction. After receiving notice the Sankots had filed for bankruptcy, Beal 

filed an amended petition on July 3, 2012, adding Crowder and a number of other 

individuals as defendants in the action.2 

On July 19, 2012, in response to the petition, Crowder filed a handwritten 

letter with the district court, stating: 

To whom it may concern,

I Jonathan T. Crowder am being sued by Dirk Beal in a civil 

suit. I would ask that I be given more time to find an attorney. I 

deny the accusations against me and need more time to find 

 

1 Because we reverse on this ground, we need not address Crowder’s other arguments

raised on appeal.

2 The other defendants are not parties to this appeal.
3

representation. All the attorneys I’ve contacted have had conflict of 

interest. Please allow me more time.

Thank you,

Jonathan T. Crowder 

The letter did not contain a formal caption or certificate of service, but it did 

include a case number.3

That same day, the district court issued a form order in response to 

Crowder’s letter. The court checked a box indicating it would not take action 

because Crowder’s “request for relief” did not include a certificate of service. The 

court checked a second box, which provided: “The clerk shall send a copy of the 

correspondence to the attorneys and interested parties of record. No further 

action is taken by the Court at this time.” The court added this handwritten note: 

“Court costs associated with copying and mailing Mr. Crowder’s notice are taxed 

to Mr. Crowder.” 

According to the notation of the clerk of court, the attorneys of record in 

the case, but not Crowder, were mailed a copy of Crowder’s file-stamped letter 

along with the court’s order.4 Approximately one week later, the district court 

issued an order for a scheduling conference; the clerk’s office did not mail 

Crowder a copy of the order. 

On August 2, 2012, Beal’s attorney sent Crowder a notice of intent to file 

written application of default, which stated:

 

3

In the clerk’s docket, Crowder’s filing is designated as an “Answer.” The comments 

following the entry state: “Answer to Petition (denial) & Request for more time to find 

legal counsel.” 

4 Crowder’s letter to the court provided his telephone number but not his current 

address. An affidavit of service from the process server, which was on file at the time of 

the court’s order, did include Crowder’s address.
4

YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO 

TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS 

YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS 

NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST 

YOU WITHOUT A HEARING AND YOU MAY LOSE IMPORTANT 

RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE.[5] 

Crowder did not respond to this notice. Shortly thereafter, the district court 

stayed the proceedings with the consent of the parties who had attended the 

scheduling conference. Crowder did not receive notice of the stay.

More than two years later, on October 6, 2014, Beal filed an application for 

entry of default. The clerk of court granted the application the next day and sent 

a copy of the filing to Crowder. Beal then applied for entry of judgment on the 

default. The district court set the matter for hearing on November 21, 2014, but 

the hearing was continued due to the illness of the presiding judge. The court 

rescheduled the hearing for January 30, 2015. The scheduling order was not 

sent to Crowder. 

Unsurprisingly, Crowder did not attend the January 30 hearing. Beal 

offered evidence at the hearing that supported the amount of damages he 

requested against Crowder, and on August 20, 2015, the district court entered 

judgment against Crowder in the amount of $993,760.28.

6

 

 

5 The document did not include a certificate of service, but in Beal’s application for entry 

of default, his attorney certified he sent it “by ordinary mail to the Defendant J.T. 

Crowder on 8/2/12 at his last known address.” 

6 The court found Crowder and Chance Brennecke, another defendant who had 

defaulted, to be jointly and severally liable for the damages. Brennecke did not appeal 

the district court’s order. 
5

Crowder filed another handwritten document with the court on August 28, 

stating:

I Jonathan Crowder ask the Court to reconsider the 

judgment against me. I had called the Clerk of Court a few days 

after I was originally served . . . . I was told just to write a letter 

asking for more time. I didn’t and still don’t have an attorney 

because of my financial situation. I did not know I had to also send 

a letter to the plaintiff’s lawyer. I am participating in this case. I 

was just mis-informed of what my duties were in this case. I was 

just doing what I was told. I have only received [three] papers over 

the years about this case; I did not know what a lot of them meant. 

I ask that the court reconsider the default Judgment. I tried to 

respond. 

. . .

Also, I had recently called the Clerk of Court office and was 

told I should call Legal Aid in Cedar Rapids for help. I did and was 

instructed to write this letter in regards to the case. I will be 

sending a copy to the Plaintiff’s lawyer as well. 

The district court treated Crowder’s filing as a motion to reconsider default 

judgment and summarily overruled the motion on September 8. 

On September 30, an attorney filed an appearance on behalf of Crowder. 

Crowder’s attorney filed a motion to set aside default judgment on October 9, 

arguing Crowder had never been in default and, alternatively, good cause existed 

to set aside the default judgment. Beal resisted, contending Crowder’s second 

motion was improper but also rebutting the merits of Crowder’s argument. 

The district court held a hearing on Crowder’s motion on November 20. 

Crowder did not present any evidence at the hearing. After considering 

argument in the matter, the district court judge—the same judge who had issued 

the order in response to Crowder’s initial filing—commented on her reasons for 

issuing the July 19, 2012 order and sending Crowder’s filing to the parties of 

record in the case:
6

[T]his was a unique piece of paper from a pro se litigant. He 

actually wrote I deny the accusations against me and so as a Judge 

I’m thinking that looks a lot like an answer, not a very good one, 

but . . . Mr. Crowder does identify himself, he signs the document, 

he says who the plaintiff is, he says it’s a civil suit, and he denies 

the accusations.

So when it comes upstairs to me, I’m thinking this looks a lot 

like an answer but I can see he didn’t serve it on anybody, and so 

I’m pretty concerned. I want everybody to know that he filed that 

document, and that’s why I checked the box entitled other and 

asked the clerk to send that notice out; and it upsets me as a Judge 

that our clerk has to spend time sending out papers that are 

supposed to be sent out to the other parties by the pro se litigant 

who files them, so I wrote that those costs needed to be taxed to 

Mr. Crowder. 

The judge noted she did not rule “on what looked like a general denial and a lot 

like an answer” because she was not asked to do so. She also clarified that what 

the court declined to “take any action on” in the order was the request for more 

time, not Crowder’s denial of the allegations against him: “My order simply said 

what is common. Nobody takes any action on an answer. You file an answer; I 

don’t take an action on answer. I take no action because nobody does.”

Despite the court’s initial inclination to believe that Crowder’s filing was an 

answer, the district court denied Crowder’s motion to set aside default judgment. 

The court emphasized Crowder’s failure to act over a protracted period of time

despite receiving filings from both the court and Beal and found, considering “this 

history of [Crowder’s] inactions,” it was inappropriate to, “in hindsight, rule that 

[Crowder’s] July 19, 2012 filing is deemed to be an answer.” The court also 

rejected Crowder’s argument default should be set aside for good cause, 

particularly considering Crowder’s failure to present testimony or other evidence 

in support of his motion to reconsider. 

Crowder now appeals.
7

II. Jurisdiction

As an initial matter, Beal argues we should not reach the merits of 

Crowder’s appeal because Crowder did not file a notice of appeal within thirty 

days of the district court’s September 8, 2015 order denying his motion to 

reconsider the default judgment. Beal contends the district court lacked 

jurisdiction to consider Crowder’s subsequent motion to set aside default 

judgment because the September 8 denial of Crowder’s motion to reconsider 

constituted “law of the case,” and “these issues cannot again be re-litigated by 

filing a second motion . . . under the doctrines of res judicata and/or issue 

preclusion.”

We disagree with Beal’s position. Crowder’s initial filing in response to the 

entry of default judgment was a motion to enlarge or amend under Iowa Rule of 

Civil Procedure 1.904(2) (“On motion joined with or filed within the time allowed 

for a motion for new trial, the findings and conclusions may be enlarged or 

amended and the judgment or decree modified accordingly or a different 

judgment or decree substituted.”). His next filing was distinct—a motion to set 

aside default judgment under rule 1.977 (“On motion and for good cause 

shown . . . the court may set aside a default or the judgment thereon, for mistake, 

inadvertence, surprise, excusable neglect or unavoidable casualty.”). Crowder 

appropriately appealed from the district court’s order denying his motion to set 

aside default judgment. 

Nor do we find Beal’s law-of-the-case or res judicata arguments

persuasive. As Crowder points out, the law-of-the-case doctrine governs issues 

raised and decided on appeal, which is not the situation here. See Spiker v. 
8

Spiker, 708 N.W.2d 347, 352 n.1 (Iowa 2006) (“[A]n appellate decision becomes 

the law of the case and is controlling on both the trial court and on any further 

appeals in the same case.” (citation omitted)). As for res judicata, which 

encompasses both issue and claim preclusion, those doctrines have preclusive 

effect only where more than one action is involved. See Clarke Cty. Reservoir 

Comm’n v. Robins, 862 N.W.2d 166, 177 (Iowa 2015) (“Issue preclusion, a form 

of res judicata, is based on a prior judgment. So, too, is claim preclusion.” 

(citation omitted)). Here, we are faced with a single action.

Accordingly, we proceed to the merits of Crowder’s appeal.

III. Scope and Standard of Review

We review a proceeding to set aside a default judgment for correction of 

legal error. See Iowa R. App. P. 6.907. Because the district court has broad 

discretion in entering a default judgment and ruling on a motion to set aside a 

default judgment, we will reverse only if the court has abused its discretion. See 

Cent. Nat’l Ins. Co. of Omaha v. Ins. Co. of N. Am., 513 N.W.2d 750, 753 (Iowa 

1994). “We are bound by the district court’s findings of fact if supported by 

substantial evidence, and we view the evidence in the light most favorable to the 

district court’s ruling.” Id. 

But if there is no factual issue and the question is solely one of law, we are 

not bound by the district court’s determination. See id. at 754. We resolve all 

doubts in favor of setting aside a default judgment, as we prefer “to allow a 

determination of controversies on their merits rather than on the basis of 

nonprejudicial inadvertence or mistake.” See Brandenburg v. Feterl Mfg. Co., 

603 N.W.2d 580, 584 (Iowa 1999) (citation omitted).
9

IV. Analysis

A defendant who “[f]ails to serve and, within a reasonable time thereafter, 

file a[n] . . . answer as required in rule 1.303” shall be in default. Iowa R. Civ. P. 

1.971(1). Rule 1.303 sets the deadline for a defendant to satisfy the answer 

requirement: twenty days after receiving service of the original notice and 

petition. See Iowa R. Civ. P. 1.303(1). Accordingly, to determine whether 

Crowder was in default, we must consider whether Crowder’s letter constitutes 

an answer and, if so, whether the clerk of court’s actions—taken at the behest of 

the district court—satisfied the service requirement.

Crowder argues his July 19, 2012 letter constituted an answer as a matter 

of law. He acknowledges the “filing leaves something to be desired in terms of 

formality” but asserts its substance is a clear “general denial, as the operative 

language effectively conveys . . . Crowder’s intent to deny all the allegations of 

[the] Petition.” Further, Crowder argues we should liberally construe his filing 

because Beal failed to attack it through a motion for more specific statement or a 

motion to strike. 

Emphasizing Crowder’s failure to include a certificate of service and to 

“specifically admit or deny each allegation or paragraph” of the petition, Beal 

argues the trial court did not abuse its discretion when it found Crowder’s July 19 

letter did not constitute an answer. Beal asserts he was “entitled to rely upon the 

court’s directive confirming that no action shall be taken relating to the filing,” 

particularly considering Crowder’s inaction after filing the letter. 

We find Crowder’s letter constituted an answer. Beal is correct that our 

rules of civil procedure discuss technical requirements for answers, including 
10

“specifically admit[ting] or deny[ing] each allegation or paragraph of the pleading 

to which it responds.” See Iowa R. Civ. P. 1.405(1);

7

see also Foods, Inc. v. 

Leffler, 240 N.W.2d 914, 920 (Iowa 1976) (“The foregoing rule [previously 

numbered as rule 72] enunciates general principles as to what matters may be 

put in issue by, or provable under, a general denial, and what matters must be 

specifically pleaded as affirmative defenses.”). But a filing that generally denies 

the allegations in a petition may constitute an answer for purposes of avoiding a 

default. See Iowa R. Civ. P. 1.402(1) (stating the rules relating to form and 

sufficiency of pleadings should be “construed and enforced to secure a just, 

speedy and inexpensive determination of all controversies on their merits”).8 In 

determining whether a filing is an answer, we are guided by the substance of the 

filing. See Zimmer v. Vander Waal, 780 N.W.2d 730, 732 (Iowa 2010) (“[W]e do 

not rely on the name of a pleading in determining what type of motion it presents; 

rather, we look to the pleading’s substance.”); Lopez-Penaloza v. State, 804 

N.W.2d 537, 541 (Iowa Ct. App. 2011) (finding filing captioned a resistance and 

raising statute-of-limitations defense could be treated as an answer or a motion 

to dismiss in postconviction-relief proceedings).

 

7 The official comment to rule 1.405 states: “Rule 72 [now Rule 1.405] abolished general 

denials and requires specific denials or admissions of each allegation of a petition.” But 

the comment also clarifies that general denials are not void: “Although Rules 67 and 72 

[now 1.402 and 1.405] were intended in part to abolish the general denial, it is said in 

Frederick v. Shorman, [147 N.W.2d 478, 482 (Iowa 1966)], that: ‘Under a general denial 

defendant may prove anything tending to show plaintiff's allegation is untrue.’”

8 The official comment to rule 1.402 states: “[T]he general denial was here abolished, in 

the hope that specific denials would narrow the fact disputes, and thereby shorten trials 

and minimize the expense of litigation. Whether this has actually been done, so as to 

counterbalance the resulting complexity in pleadings, is doubtful.” This comment reveals 

the purpose of requiring specific denials was not to test the adequacy of an answer but 

to streamline litigation. 
11

Crowder’s July 19 letter admitted he was the subject of a civil lawsuit 

brought by Beal and included the following statement: “I deny the accusations 

against me . . . .” In substance, this statement is an answer—a denial—and 

should be treated as such, particularly considering the brevity of the amended 

petition to which it responds.

9

 In addition, we find Crowder’s self-represented 

status significant. Generally, we do not “utilize a deferential standard when 

persons choose to represent themselves,” see Kubik v. Burk, 540 N.W.2d 60, 63 

(Iowa Ct. App. 1995) (finding self-represented plaintiff failed to show good cause 

for failing to timely designate experts when he was unaware of the timing 

requirement), but a self-represented party “is entitled to a liberal construction of 

his pleadings,” see Munz v. State, 382 N.W.2d 693, 697 (Iowa Ct. App. 1985).10

The district court acknowledged it “often required very little of selfrepresented litigants for the Court to deem a filing to be an answer.” But the 

court nevertheless faulted Crowder for failing to caption the filing as an answer. 

In addition, the court cited Crowder’s failure to correct the district court when it 

 

9

In relation to Crowder, the petition alleges: (1) Beal was injured when he fell off a roof 

during a roofing construction project and sustained “serious and debilitating injuries”; 

(2) Crowder, a Benton County resident, was one of at least two other individuals working 

on the project; and (3) Crowder was “negligent, which negligence was a proximate 

cause of . . . Beal’s injuries and damages,” including medical expenses, pain and 

suffering, emotional distress, loss of earnings, disability, property damages, and other 

damages. 

10 Although we find Crowder’s answer sufficient to prevent a default, we do not comment 

upon the overall adequacy of Crowder’s answer, nor do we suggest Beal could not have

questioned the sufficiency of Crowder’s answer through a motion for more specific 

statement or a motion to strike. See Iowa R. Civ. P. 1.433, .434; see also Burlington and 

Mo. River R.R. Co. v. Marchand, 5 Clarke 468, 468–69 (Iowa 1858) (“Where an answer 

fails to convey to a common understanding, a reasonable certainty of meaning, the 

court, on motion, may require the defendant to make his statement more specific; or, if 

necessary, may require him to respond specifically to the affirmative allegations of the 

petition. It is not allowable to treat an insufficient answer, as a nullity, and render 

judgment by default, as if no answer was on file.”).
12

referred to his letter as “correspondence” and a “notice” rather than an “answer,”

his failure to notify Beal his filing was an answer after receiving the notice of 

intent to file written application of default, and his failure to appear to defend at 

the default judgment hearing. 

The district court placed too much weight on Crowder’s failure to label the 

letter as an “answer” and his inaction after filing the letter, which appears to be 

largely the result of Crowder’s failure to receive orders from the court. We also 

find the clerk of court’s actions satisfied Crowder’s service requirement.

11

 

“Service shall be made by . . . mailing . . . a copy to the attorney or to the party at 

the attorney’s or party’s last known address or, if no address is known, by leaving 

it with the clerk of court.” Iowa R. Civ. P. 1.442(2). Here, the service 

requirement was satisfied when the clerk of court complied with the district 

court’s directive by sending copies of Crowder’s letter to the parties of record and 

charging Crowder for the cost of mailing. Beal does not dispute he received a 

copy of Crowder’s letter, thereby learning of Crowder’s denial of the allegation of 

negligence. We find the district court abused its discretion in finding Crowder in 

default and declining to set aside the default judgment. Accordingly, we reverse 

and remand for further proceedings.

REVERSED AND REMANDED.

 

11 Citing Iowa Rule of Appellate Procedure 6.903(2)(g)(3), Beal contends we should not 

consider Crowder’s argument his answer was properly served under the rules of civil 

procedure because Crowder cites no authority to support his argument. We disagree. 

Crowder cites to the relevant rule of civil procedure as well as a prior Iowa Court of 

Appeals opinion in support of his argument. Accordingly, we find it appropriate to 

consider the merits of his argument.