IN THE COURT OF APPEALS OF IOWA

No. 16-0940

Filed May 3, 2017

GREATAMERICA FINANCIAL SERVICES CORPORATION f/k/a 

GREATAMERICA LEASING CORPORATION,

Plaintiff-Appellee/Cross-Appellant,

vs.

PRESTWOOD FUNERAL HOME, INC. and ROY VANCE PRESTWOOD JR.,

Defendants-Appellants/Cross-Appellees.

________________________________________________________________

Appeal from the Iowa District Court for Linn County, Sean W. McPartland, 

Judge.

Both parties appeal the district court’s decision following a bench trial 

involving the terms of a copy machine lease agreement. AFFIRMED AND 

REMANDED.

Peter C. Riley of Tom Riley Law Firm, P.L.C., Cedar Rapids, for 

appellants.

Abbe M. Stensland of Simmons Perrine Moyer Bergman P.L.C., Cedar 

Rapids, for appellee.

Considered by Danilson, C.J., and Vogel and Vaitheswaran, JJ.
2

VOGEL, Judge.

Prestwood Funeral Home, Inc. and Roy Vance Prestwood Jr. (Prestwood) 

appeal, and GreatAmerica Financial Services Corporation (GreatAmerica) crossappeals, following the district court’s decision interpreting the terms of the parties’ 

lease agreement for a copy machine. Prestwood contends substantial evidence 

does not support the district court’s decision that awarded damages to 

GreatAmerica and the district court abuse its discretion in the amount awarded 

for GreatAmerica’s attorney fee claim. In its cross-appeal, GreatAmerica claims 

the attorney fee award should be increased. We affirm the district court’s 

decision in its entirety, denying both the appeal and cross-appeal, and we 

remand for a determination of appellate attorney fees.

I. Background Facts and Proceedings.

Prestwood signed a contract to finance the lease of a copy machine with 

Modular Document Solutions. That lease agreement was assigned by Modular 

to GreatAmerica. The lease agreement provided for a monthly payment by 

Prestwood, in addition to charges for each copy made. The copy machine was 

delivered to Prestwood by Modular on February 6, 2009. An employee of 

GreatAmerica called Prestwood on February 9 to inquire whether the copy 

machine was installed and working. Prestwood informed GreatAmerica that the 

copy machine was present but not yet working and that Modular would be out 

again the next day to fix it. The same GreatAmerica employee called Prestwood

the next day, February 10, and testified Roy Prestwood informed her the 

equipment was working, but Prestwood wanted credit for the number of copies 

the service technician made in fixing the machine. A notation of the credit was 
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made on the account. Prestwood continued making payments on the lease 

agreement but also continued to complain about problems with the functioning of 

the machine. After making fifteen monthly payments, Prestwood stopped paying 

on the lease; GreatAmerica repossessed the copy machine and filed suit.1

The case proceeded to a one-day bench trial in February 2016. The court 

ruled in GreatAmerica’s favor, awarding $12,766.28 in damages. In response to 

posttrial motions, the court also awarded GreatAmerica $25,000 in attorney fees 

and expenses, and ordered interest to accrue at the contract rate of eighteen 

percent. 

II. Scope and Standard of Review.

We review for the correction of errors at law the district court’s judgment 

following a bench trial. Chrysler Fin. Co. v. Bergstrom, 703 N.W.2d 415, 418 

(Iowa 2005). 

The district court’s findings of fact have the force of a special 

verdict and are binding on us if supported by substantial evidence. 

Evidence is substantial if a reasonable person would accept it as 

adequate to reach a conclusion. “Evidence is not insubstantial 

merely because we may draw different conclusions from it; the 

ultimate question is whether it supports the finding actually made, 

not whether the evidence would support a different finding.” In 

determining whether substantial evidence exists, we view the 

evidence in the light most favorable to the district court’s judgment. 

Id. (internal citations omitted). 

We review the district court’s award of attorney fees for abuse of 

discretion. NevadaCare, Inc. v. Dep’t of Human Servs., 783 N.W.2d 459, 469 

 

1 GreatAmerica initially obtained a default judgment against Prestwood, but after 

attempting to execute that judgment in Prestwood’s home state of Florida, GreatAmerica 

agreed to have the default judgment set aside, and the case was then litigated in Iowa. 
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(Iowa 2010). “We will reverse a court’s discretionary ruling only when the court 

rests its ruling on grounds that are clearly unreasonable or untenable.” Id. 

III. Substantial Evidence.

In awarding GreatAmerica its claim in the amount of $12,766.28 for the 

unpaid portion of the copy machine lease agreement, the district court stated: 

Based upon the credible evidence at the time of trial, including the 

credible testimony of [GreatAmerica’s employee], the Court finds by 

a preponderance of the evidence that [Prestwood] did not accept 

the equipment as delivered February 6, 2009; that Modular did 

additional work in connection with the equipment thereafter; and 

that [Prestwood] did accept the equipment February 10, 2009, as 

reflected in Exhibit 3 and the telephone conversation between Mr. 

Prestwood and [GreatAmerica’s employee]. The Court finds that 

the evidence corroborating acceptance of the equipment includes

[Prestwood’s] clear ability and willingness to complain and to 

decline to pay for copies for which [it was] charged but which [it] did 

not use; [Prestwood’s] payment for usage on other occasions; and, 

to a lesser extent, [Prestwood’s] history of payments on the lease 

after [its] acceptance of the equipment February 10, 2009. The 

Court also finds that the undisputed evidence indicates that Mr. 

Prestwood signed the personal guaranty obligating him under the

terms of the lease agreement.

The district court acknowledged that Prestwood asserted it never accepted the 

copy machine due to its malfunctioning, and therefore it should not be 

responsible under the terms of the lease. But the court ultimately found the 

testimony of GreatAmerica’s employee on the issue of Prestwood’s acceptance 

of the equipment to be more credible. “The district court has a better opportunity 

than the appellate court to evaluate the credibility of witnesses. This court is 

prohibited from weighing the credibility of witnesses.” Etchen v. Holiday Rambler 

Corp., 574 N.W.2d 355, 360 (Iowa Ct. App. 1997). 

Prestwood also claims the district court made an improper legal 

conclusion by determining it was possible for Prestwood to accept the copy 
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machine on February 10 when it had rejected the copy machine the day before.2 

The court rejected a factual finding that a rejection occurred under the contract 

on February 9, instead concluding that Prestwood’s willingness to make payment 

for copies “support[s] the notion that the equipment had been accepted February 

10, 2009.” In addition, Prestwood testified through its owner that when he 

communicated to GreatAmerica that the equipment was not working on February 

9, it was not his intent at that time to cancel the lease contract. Because the 

evidence does not support the conclusion that the copy machine was rejected on 

February 9, we reject Prestwood’s argument that the district court made an 

improper legal conclusion that the copy machine could be accepted after it was 

rejected. 

The district court’s decision that the copy machine was accepted on 

February 10, which triggered Prestwood’s monthly payment obligations under the 

lease agreement, is supported by substantial evidence and is affirmed. 

IV. Attorney Fees. 

Next, both parties appeal the amount of the district court’s award of 

GreatAmerica’s attorney fees. Prestwood claims the amount of $25,000 is too 

high in light of the $12,766.28 recovery and a reasonable amount of work 

expended for a one-day bench trial. GreatAmerica, on the other hand, claims the 

award was substantially low in light of its claim for $72,258.10 in attorney fees 

 

2 GreatAmerica asserts this claim was not preserved for our review because it was not 

raised in Prestwood’s posttrial motion under Iowa Rule of Civil Procedure 1.904(2). We 

consider the issue preserved as the disputed issue before the district court was whether 

the goods were accepted or rejected by Prestwood, and the district court concluded the 

goods were accepted. “A proper rule 1.904(2) motion does not merely seek 

reconsideration of an adverse district court judgment. Nor does it merely seek to rehash 

legal issues adversely decided.” Homan v. Branstad, 887 N.W.2d 153, 161 (Iowa 2016). 
6

and expenses. It claims the district court erred by determining this amount was 

excessive but failing to say what is reasonable or to articulate how it arrived at 

the $25,000 figure. GreatAmerica claims the high fees and expenses were due 

to the obstructionist conduct of Prestwood and, because it recovered all the relief 

it sought ($12,766.28), it should be awarded more in attorney fees. In addition, 

GreatAmerica seeks the recovery of appellate attorney fees. 

In the posttrial order, the district court extensively discussed both the facts 

of the case and the law applicable to the exercise of its discretion to award 

attorney fees. The court first removed from the claim the fees expended by 

GreatAmerica before the default judgment, which was initially entered but later 

set aside, concluding: 

The Court finds and concludes that GreatAmerica has not met its 

burden to prove that such services were reasonably necessary and 

that such charges were reasonable in amount here, where the 

default was set aside. 

. . . In short, it cannot be said that GreatAmerica was 

successful in the results obtained in connection with the 

proceedings leading up to and prior to the vacation of the default. 

With respect to the time after the default judgment was set aside, the court 

concluded: 

Taking into account those factors properly to be considered 

by the Court, as set forth in [GreatAmerica Leasing Corp. v. Cool 

Comfort Air Conditioning and Refrigeration, Inc., 691 N.W.2d 730, 

732–33 (Iowa 2005)], the Court finds and concludes that the time 

necessarily spent, the nature and extent of the services, the 

amount involved, and the importance of the issues counsels 

against an award of attorney’s fees in the amount sought by 

GreatAmerica. The issues here were not novel, unusual or 

complicated and did not require extraordinary time necessarily 

spent. Although the results obtained were favorable to 

GreatAmerica, the amount involved was small. In short, 

examination of the “whole picture” and, using independent 

judgment with the benefit of hindsight, the Court finds and 
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concludes that an appropriate amount for attorney’s fees and 

litigation expenses (including paralegal expenses) in this matter for 

handling the complete case is $25,000.

On our review of the district court’s decision, we are mindful that “[t]he district 

court is considered an expert in what constitutes a reasonable attorney fee, and 

we afford it wide discretion in making its decision.” GreatAmerica Leasing, 691 

N.W.2d at 733. The district court accurately articulated the appropriate factors to 

consider, applied those factors to the case, and exercised its judgment in arriving 

at what it considered a reasonable attorney fee figure. We discern no abuse of 

discretion in the district court’s decision, and we affirm the award of trial attorney 

fees. 

With respect to GreatAmerica’s request for appellate attorney fees, we 

note the same justification for the award of trial attorney fees—the parties’ 

contract—would also justify an award of appellate attorney fees. See Bankers 

Trust Co. v. Woltz, 326 N.W.2d 274, 278 (Iowa 1982) (noting appellate attorney 

fees are permitted where the written agreement in no way limited the fee award 

to those incurred in the trial court). While GreatAmerica successfully defended 

the district court’s ruling on the issue of Prestwood’s liability under the copy 

machine lease agreement, it was unsuccessful in its cross-appeal regarding the 

district court’s award of trial attorney fees. Therefore, being partially successful 

on appeal, we determine GreatAmerica should be awarded appellate attorney 

fees, and we remand this matter to the district court for the limited purpose of 

determining a reasonable award for GreatAmerica’s appellate attorney fees. See 

id. 

AFFIRMED AND REMANDED.