IN THE COURT OF APPEALS OF IOWA

No. 16-1361

Filed February 7, 2018

IN THE MATTER OF THE ESTATE OF LESLIE TRUE WILSON, Deceased.

DAVID LANCE WILSON,

Petitioner-Appellant,

vs.

SUSAN WOODALL FISHER and

JOHN C. WERDEN, Executors,

Respondents-Appellees.

________________________________________________________________

Appeal from the Iowa District Court for Crawford County, Patrick H. Tott, 

Judge.

David Wilson appeals a district court order granting summary judgment on 

his petition for a declaratory judgment. AFFIRMED. 

Bradley J. Nelson of Norelius Nelson Law Firm, Denison, for appellant. 

Aaron W. Ahrendsen of Eich, Werden & Steger, P.C., Carroll, for appellees. 

Heard by Vogel, P.J., and Potterfield and McDonald, JJ.
2

MCDONALD, Judge.

David Wilson appeals a district court order granting summary judgment on 

his petition for a declaratory judgment. He contends a genuine issue of material

fact existed and the court therefore erred in granting summary judgment. He 

alternatively argues the district court abused its discretion in declining to reserve 

ruling pending further discovery. 

I.

Leslie Wilson and Susan Woodall Fisher were same-sex partners. They 

were married in Colorado sometime before November 6, 1991.1 On November 6, 

1991, Leslie executed her last will and testament. Under the will, Susan was to 

receive Leslie’s entire estate. Leslie’s brother, David, was listed as the successor 

beneficiary. 

Leslie passed away in March 2014. In December, Susan filed an 

application for probate of a foreign probated will in the Iowa District Court for 

Crawford County. The district court admitted Leslie’s will into probate and 

appointed the appellees as personal representatives of the Iowa estate. Susan 

subsequently filed an election to take under the will as Leslie’s surviving spouse. 

In June 2015, the personal representatives executed and recorded a court officer 

 

1 Same-sex marriages were not recognized in Colorado until October 2014. See Craig v. 

Masterpiece Cakeshop, Inc., 370 P.3d 272, 277 n.1 (Colo. App. 2015). However, the 

parties stipulated in their pleadings that “Susan . . . and Leslie . . . were married in the 

state of Colorado” prior to that time. We need not address the issue of whether the parties 

were legally married in Colorado because it is immaterial to our resolution of the case. If 

they were not legally married under Colorado law, then Iowa Code section 633.271(1)

(2016) does not apply, and we would affirm. Under the analysis used in this opinion, which 

assumes without deciding they were legally married, we also affirm. 
3

deed conveying an undivided one-half interest in real property owned by Leslie at 

the time of her death to Susan. 

In January 2016, David filed a petition for a declaratory judgment. He

alleged that after Leslie executed her will Susan and Leslie “dissolved” their 

marriage and they “never cohabited again and never remarried.” Pursuant to Iowa 

Code section 633.271(1), he argued such dissolution acted as a revocation of all 

provisions in the will in favor of Susan. In her answer, Susan denied her and 

Leslie’s marriage was ever dissolved. 

The representatives moved for summary judgment. In his subsequent 

statement of disputed facts, David alleged, among other things, Susan and Leslie 

terminated their relationship and divided their assets in 2005. David also moved 

the court to reserve ruling on the summary-judgment motion pending the 

completion of discovery. The district court denied David’s motion to reserve ruling 

and granted the representatives’ motion for summary judgment. In doing so, the 

court concluded the terms “divorce” and “dissolution” as used in section 633.271 

are synonymous. As noted, David appeals. 

II.

“We review a district court ruling granting a motion for summary judgment 

for correction of errors at law.” Plowman v. Fort Madison Cmty. Hosp., 896 N.W.2d 

393, 398 (Iowa 2017) (quoting Estate of Gray ex rel. Gray v. Baldi, 880 N.W.2d 

451, 455 (Iowa 2016)). Summary judgment is appropriate when “there is no 

genuine issue as to any material fact and . . . the moving party is entitled to 

judgment as a matter of law.” Iowa R. Civ. P. 1.981(3). “We . . . view the record 

in the light most favorable to the nonmoving party and will grant that party all 
4

reasonable inferences that can be drawn from the record.” Plowman, 896 N.W.2d 

at 398 (ellipsis in original) (quoting Baldi, 880 N.W.2d at 455). “Summary judgment 

is appropriate if the only conflict concerns the legal consequences of undisputed 

facts.” Id. (quoting Peppmeier v. Murphy, 708 N.W.2d 57, 58 (Iowa 2005)). We 

also review the district court’s interpretation of a statute for legal error. DuTrac 

Cmty. Credit Union v. Hefel, 893 N.W.2d 282, 289 (Iowa 2017). The denial of a 

motion requesting a continuance to permit discovery is reviewed for an abuse of 

discretion. Bitner v. Ottumwa Cmty. Sch. Dist., 549 N.W.2d 295, 302 (Iowa 1996). 

III.

David correctly argues “[t]his case hinges on the interpretation of Iowa Code 

section 633.271.” David does not dispute the facts that (1) Leslie and Susan were 

married and (2) they were never officially divorced. His argument on appeal is that 

the terms “divorce” and “dissolution” as used in section 633.271 have separate 

meanings and a genuine issue of material fact exists as to whether Leslie and 

Susan’s marriage was “dissolved” as a result of their actions and conduct. 

Iowa Code section 633.271(1), entitled “Effect of divorce or dissolution,” 

provides: “If after making a will the testator is divorced or the testator’s marriage is 

dissolved, all provisions in the will in favor of the testator’s spouse . . . are revoked 

by the divorce or dissolution of marriage, unless the will provides otherwise.” In 

determining whether any genuine issue of material fact exists concerning David’s 

petition for a declaratory judgment, we must decide whether the terms “divorced” 

and “dissolved” have the same or distinct meanings. The parties appear to agree 

that if the terms have the same meaning, then no genuine issue as to any material 

fact existed and summary judgment was therefore properly granted. If, on the 
5

other hand, the terms have differing meanings, then whether or not Susan and 

Leslie’s actions regarding their relationship amounted to a dissolution of their 

marriage would be a genuine issue of material fact rendering summary judgment 

inappropriate. 

In interpreting a statute, “[w]e start with the often-repeated goal of statutory 

interpretation which is to discover the true intention of the legislature.” Gardin v. 

Long Beach Mortg. Co., 661 N.W.2d 193, 197 (Iowa 2003). The “first step in 

ascertaining the true intention of the legislature is to look to the statute’s language.” 

Id. “If the statute is unambiguous, we look no further than the statute’s express 

language.” Kay-Decker v. Iowa State Bd. of Tax Review, 857 N.W.2d 216, 223 

(Iowa 2014) (quoting Rolfe State Bank v. Gunderson, 794 N.W.2d 561, 564 (Iowa 

2011)). “If, however, the statute is ambiguous, we inquire further to determine the 

legislature’s intent in promulgating the statute.” Id. “A statute is ambiguous when 

reasonable persons could disagree as to its meaning.” Naumann v. Iowa Prop. 

Assessment Appeal Bd., 791 N.W.2d 258, 261 (Iowa 2010). When a statutory 

term is not defined by the legislature, we look to prior decisions of the courts, 

similar statutes, the dictionary, and common usage. Kay-Decker, 857 N.W.2d at 

223 (citing Gardin, 661 N.W.2d at 197). 

The Iowa Probate Code, chapter 633, does not define either of the subject 

terms. The statute in which the terms are included, however, refers to the terms 

in the context of dissolution of marital and domestic relations, which the legislature 

addresses in Iowa Code chapter 598. See Iowa Code § 633.271(1); see also In 

re Marriage of Thatcher, 864 N.W.2d 533, 538 (Iowa 2015) (“Iowa Code chapter 

598 governs the dissolution of marriage.”). Chapter 598 expressly defines a 
6

“dissolution of marriage” as “a termination of the marriage relationship.” Iowa Code 

§ 598.1(2). The legislature has expressly directed that the term “dissolution of 

marriage” “shall be synonymous with the term ‘divorce.’” Id. (emphasis added); 

see also State v. Klawonn, 609 N.W.2d 515, 522 (Iowa 2000) (“[W]e have 

interpreted the term ‘shall’ in a statute to create a mandatory duty, not discretion.”); 

cf. Colo. Rev. Stat. § 14-10-103(2) (“Whenever any law of this state refers to or

mentions divorce . . . , said law shall be interpreted as if the words dissolution of 

marriage . . . were substituted therefore.”). 

Based on this express direction by the legislature, we conclude the terms 

“divorced” and “dissolved” as used in section 633.271(1) carry the same 

meaning—the statute uses the terms in the context of marital relations, and the 

legislature has expressly defined those terms in the context of marital relations to 

be synonymous.2 In Iowa, a divorce or dissolution of marriage may only be 

decreed by a court upon evidence “that there has been a breakdown of the 

marriage relationship to the extent that the legitimate objects of matrimony have 

been destroyed and there remains no reasonable likelihood that the marriage can 

 

2

In 1970, our legislature enacted a no-fault dissolution-of-marriage standard. See 1970 

Iowa Acts ch. 1266; In re Marriage of Williams, 199 N.W.2d 339, 341 (Iowa 1972); cf. Iowa 

Code §§ 598.8–.9 (1966) (providing fault-based grounds for divorce). Prior to this 

enactment, chapter 598 referred to the termination of a marital relationship as a “divorce.” 

See generally Iowa Code ch. 598 (1966). In the new, no-fault dissolution statute, the 

legislature defined “dissolution of marriage” as “a termination of the marriage relationship” 

and directed that such term “shall be synonymous with the term ‘divorce.’” 1970 Iowa Acts 

ch. 1266, § 2(1). Section 633.271, which was previously entitled “Effect of Divorce,” was 

amended in 1972 to add the dissolution language reflected in the new dissolution statute 

to the title and substance of the corresponding probate statute. Compare 1972 Iowa Acts 

ch. 1128, § 4, with Iowa Code § 633.271 (1971). The addition of this language to section 

633.271 indicates a legislative direction that these two statutes be read together. 

Accordingly, because the terms have the same meaning under chapter 598, it follows that 

they have the same meaning under section 633.271. 
7

be preserved.” Iowa Code § 598.17(1); see also In re Weems’ Estate, 139 N.W.2d 

922, 924 (Iowa 1966) (“[W]e know of no such thing as a common law divorce . . . 

.”). Similarly, in Colorado, courts shall decree a dissolution of marriage when, 

among other things, “[t]he court finds the marriage is irretrievably broken.” Colo. 

Rev. Stat. § 14-10-106(1)(a)(II). David’s statement of disputed facts and 

supporting affidavits did not allege the marriage was ever officially dissolved upon 

these grounds. It is undisputed that no decree has ever been entered dissolving 

Susan and Leslie’s marriage. The facts which David argues are in dispute are 

legally immaterial to the issue of whether Susan and Leslie’s marriage was 

dissolved. We affirm the district court’s grant of summary judgment.

Next, David contends the district court abused its discretion in denying his 

motion to reserve ruling pending the completion of discovery. “A party seeking a 

continuance under rule 1.981(6) must ‘state reasons why facts essential to justify 

a resistance cannot be presented.’” Good v. Tyson Foods, Inc., 756 N.W.2d 42, 

46 (Iowa Ct. App. 2008) (quoting Bitner, 549 N.W.2d at 301). “The party must ‘set 

forth by affidavit . . . what additional information is needed to resist the motion.’” 

Id. (quoting Bitner, 549 N.W.2d at 301). 

David’s affidavits and other materials supporting his resistance to the 

summary-judgment motion reveal he desired to pursue information regarding 

Leslie and Susan’s relationship and alleged separation. As noted above, this 

information was legally irrelevant to the applicability of Iowa Code section 

633.271(1). We conclude the district court did not abuse its discretion by denying 

David’s motion to reserve ruling pending further discovery. Cf. id. at 46–47. 

IV.
8

We affirm the district court’s denial of David’s motion to reserve ruling 

pending further discovery and grant of summary judgment in favor of the appellees.

AFFIRMED.