Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0047

Isaac Ortiz
v.
Loyd Roling Construction and Grinnell Mutual Reinsurance

Plaintiff appealed from a district court order which dismissed his petition for judicial review for failure to timely serve the petition. He contended the court erred in concluding he did not substantially comply with the service requirements of Iowa Code section 17A.19(2)(2017) when he served the petition within the ten-day period by e-mail and through the Electronic Document Management System (EDMS). The court of appeals affirmed the dismissal of his petition. Plaintiff seeks further review.

County:
Polk

Applicants

Isaac Ortiz

Resisters

Loyd Roling Construction and Grinnell Mutual Reinsurance

Attorneys for Applicants

Anthony J. Bribriesco
Andrew W. Bribriesco
William J. Bribriesco

Attorneys for Resisters

Stephen W. Spencer
Christopher S. Spencer

Supreme Court

Oral Argument Schedule

Non-Oral

Mar 06, 2019 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
18-0047
Date Published:
May 24, 2019

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0047
Date Published:
Nov 21, 2018
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., Mullins, J., and Scott, S.J.  Opinion by Scott, S.J.  (6 pages)

            Isaac Ortiz appeals the district court’s dismissal of his petition for judicial review of a determination of the workers’ compensation commissioner, contending the district court erred in concluding he failed to substantially comply with the service requirements of Iowa Code section 17A.19(2) (2017).  OPINION HOLDS: We agree with the district court’s conclusion that Ortiz failed to substantially comply with the service requirements of section 17A.19(2) and it therefore lacked jurisdiction on judicial review.  We therefore affirm.

Other Information

Date Further Review is Granted:
Jan 17, 2019
© 2022 Iowa Judicial Branch. All Rights Reserved.