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COSTELLO v. MCFADDEN9/18/1996
BR>
fees in the purchaser's action against the seller for violating the statute against the sale of unregistered securities.
Moreover, the present proceeding is to vacate a judgment. There is nothing in rule 252(b) to allow the collection of attorney fees to enforce a judgment. See Severson v. Peterson, 364 N.W.2d 212, 214 (Iowa 1985) (plaintiff sought attorney fees in rule 252(b) action to vacate judgment under landlord-tenant act; held that there was no authority in rule 252(b) for allowance of attorney fees); Home Fed. Sav. & Loan Ass'n v. Robinson, 464 N.W.2d 894, 896 (Iowa App. 1990) (plaintiff sought attorney fees in rule 252(b) action to vacate judgment in mortgage foreclosure action; held that there was no authority in rule 252(b) for allowance of attorney fees).
The district court correctly determined that the plaintiffs could not recover the attorney fees they had incurred in New York in attempting to enforce their judgment against McFadden. The district court therefore correctly refused to allow the fees.
V. Disposition.
Because we conclude the district court correctly denied McFadden's petition to vacate judgment and correctly refused to allow the plaintiffs their requested attorney fees, we affirm on the appeal and the cross-appeal.
AFFIRMED ON APPEAL; AFFIRMED ON CROSS-APPEAL.
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