No. 5-591 / 05-0075Court of Appeals of Iowa.
Filed August 31, 2005
Appeal from the Iowa District Court for Humboldt County, Joel E. Swanson, Judge.
Plaintiffs appeal from the district court’s grant of the executor’s application for reimbursement. APPEAL DISMISSED.
Robert Kohorst of Kohorst, Early, Louis, Harlan, for appellants.
Steven W. Hendricks or Kersten, Brownlee, Hendricks, L.L.P., Fort Dodge, for appellees.
Considered by Zimmer, P.J., and Hecht and Vaitheswaran, JJ.
HECHT, J.
Plaintiffs appeal from the district court’s grant of the executor’s application for reimbursement. We conclude this is an interlocutory matter which should be dismissed.
Background Facts and Discussion.
On November 4, 2004, Richard Wilkinson, the executor of the estate of Roberta Tubbs, filed an application with the district court requesting funds from the estate be distributed to reimburse him for debts and charges personally advanced by Wilkinson on behalf of the estate. The district court granted the application and authorized the distribution of $11,349.89 to Wilkinson from the estate. Plaintiffs filed notice of appeal from the district court’s order, alleging they had not received adequate notice of the reimbursement application.
The district court’s ruling authorizes the reimbursement of the executor for personal outlays necessary to ensure the prompt payment of debts of the estate but does not affect the substantial rights of any of the plaintiffs to such an extent that a challenge to the ruling cannot await the final settlement of the estate and order discharging the personal representative See Iowa Code §§ 633.477-479 (2005). Finding the interests of justice are not better served by consideration of plaintiffs’ notice of appeal as an application for interlocutory review, we conclude the appeal should be dismissed as improvidently taken at this juncture. Iowa R. App. P. 6.2.
APPEAL DISMISSED.