Opinion
No. 1-732 / 99-1371.
Filed December 28, 2001.
Appeal from the Iowa District Court for Butler County, JOHN S. MACKEY, Judge.
Clifford Ackerman appeals from the district court judgment entered in his favor on his claim for damages to his corn crop based on American Cyanamid's negligent design of a herbicide. AFFIRMED.
Judith O'Donohoe of Elwood, O'Donohoe, Stochl, Braun Churbuck, Charles City, for appellant.
Mark A. Woollums and Jean Dickson Feeney of Betty, Neuman McMahon, L.L.P., Davenport, for appellee.
Considered by HUITINK, P.J., and ZIMMER and VAITHESWARAN, JJ.
Clifford Ackerman appeals from a July 19, 1999 district court determination concerning the applicable interest rate on judgment for damages in his favor against American Cyanamid Company. Ackerman argues that because American Cyanamid's liability was not imposed under the comparative fault act, the interest rate on judgments provided by Iowa Code section 535.3, as opposed to section 668.13, was applicable. In the alternative, Ackerman contends that if section 668.13 was properly applied, then the interest rate that was in effect on the date of the first judgment in this matter should have been utilized, rather than that which was in effect when the final judgment was filed.
On December 21, 1999, Ackerman filed a satisfaction and release acknowledging that he had received "full and final" payment from American Cyanamid in fulfillment of the judgment. Because we find that this filing served to waive his right to appeal, we decline to address the merits of Ackerman's contentions. See In re Marriage of Farr, 542 N.W.2d 828, 833-34 (Iowa 1996); In re Marriage of Abild, 243 N.W.2d 541, 542-43 (Iowa 1976) (filing of satisfaction by judgment creditor following full payment of judgment by judgment debtor releases debtor from liability upon the judgment); s ee also State ex rel. City of Dubuque v. McCloskey, 166 N.W.2d 923, 926-27 (Iowa 1969) (voluntary payment of judgment is acquiescence in judgment and waives right to appeal).
The district court decision is accordingly affirmed in its entirety.
AFFIRMED.