Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-1452

Molly Arlene Dayton
Paul Anthony Asberry


Molly Arlene Dayton


Paul Anthony Asberry

Attorney for the Appellee

Rebecca L. Petig

Attorney for the Appellant

Brandon J. Buck

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            Appeal from the Iowa District Court for Poweshiek County, Shawn Showers, Judge.  VACATED AND REMANDED.  Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Paul Anthony Asberry appeals from the award of a final protective order against him, arguing (1) insufficient evidence supported its issuance and (2) he did not receive proper notice of a change in the scheduled hearing date.  OPINION HOLDS: We find the notice issue dispositive.  In the absence of personal service, we vacate the final order of protection and remand for further proceedings consistent with this opinion.

© 2024 Iowa Judicial Branch. All Rights Reserved.