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Case No. 17-1334

In re the Marriage of Frick

Jane M. Frick, Petitioner-Appellee

Duane T. Frick, Jr., Respondent-Appellant

Attorney for Appellant

Clarence Joseph May III

Erin Patrick Lyons

Attorney for Appellee

Jenny L. Weiss

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2019

            Appeal from the Iowa District Court for Dubuque County, Monica L. Wittig Zrinyi, Judge.  AFFIRMED AS MODIFIED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J. Concurrence in part and dissent in part by Tabor, P.J.  (12 pages)

            Duane Frick appeals the economic provisions of the district court’s decree dissolving his marriage with Jane Frick.  OPINION HOLDS: We find a discrepancy occurred in the court’s calculations and modify the economic distributions.  We affirm as modified the decree’s spousal support award and life insurance requirement.  PARTIAL DISSENT ASSERTS: I respectfully dissent in part from the majority's modification of the property division.  Duane failed to preserve error on the issue of the district court's calculation error.  Although Duane asked the court in his motion to modify, enlarge, or amend, to reconsider the equalization payment, he did not allege an error in arithmetic as he does on appeal.  I would not disturb the equalization payment. 

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