In re the Marriage of Rath
Melinda Sue Rath, Petitioner-Appellee
Keith Allen Rath, Respondent-Appellant
Attorney for Appellant
Keith A. Rath, self-represented
Attorney for Appellee
Caitlin L. Slessor
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Patrick R. Grady, Judge. DIRECT APPEAL AFFIRMED; WRIT ANNULLED. Considered by Tabor, P.J., and Mullins and May, JJ. Opinion by Tabor, P.J. (3 pages)
Keith Rath appeals from the district court’s refusal to hold his former wife, Melinda Gordon, in contempt for failure to comply with property provisions of their divorce decree. Although it refused to find Melinda in contempt, the court did find Keith in contempt for his own failure to comply with the decree. Keith filed an appeal to the joint order. OPINION HOLDS: Although an appeal lies from the refusal of the court to find Melinda in contempt, the proper mode of review for the finding Keith was in contempt was petition for writ of certiorari. We treat the appeal as though Keith requested the proper form of review. And, after a careful review of the record, briefs, and applicable law, we affirm the district court’s ruling without opinion under Iowa R. App. P. 6.1203(a) and (d). We affirm.
