Cassandra Rena McConkey on Behalf of B.M.
v.
Kevin Charles Huisman
Appellant
Cassandra Rena McConkey on Behalf of B.M.
Appellee
Kevin Charles Huisman
Attorney for the Appellant
Nicole S. Facio
Attorney for the Appellee
Joseph R. Cahill
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., Vogel, S.J., and Gamble, S.J. Opinion by Vaitheswaran, P.J. (10 pages)
Cassandra McConkey, the mother of a child, appeals the district court’s denial of her petition for relief from sexual abuse filed on behalf of the child against the child’s father, Kevin Huisman. She contends (1) she met her burden of proving Huisman sexually abused the child and (2) the district court should have excluded Huisman’s expert witness for failure to disclose her. OPINION HOLDS: We find the second issue dispositive. Given the prejudice to McConkey of Huisman’s expert non-disclosure, we reverse and remand for a new trial on McConkey’s petition. We also remand for a hearing on the reasonableness of McConkey’s attorney fee request.
