Molly Arlene Dayton
v.
Paul Anthony Asberry
Appellee
Molly Arlene Dayton
Appellant
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:
18-1452
Date Published:
May 15, 2019
Summary
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.
