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Case No. 18-2071

Paten A. Proesch
Gilbert J. Eggers


Paten A. Proesch


Gilbert J. Eggers

Attorney for the Appellee

Jeremiah D. Junker and Sherry L. Schulte

Attorney for the Appellant

Joshua J. Reicks and Trista M. Beise

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 24, 2019

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED AND REMANDED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (9 pages)

            Gilbert Eggers appeals from a district court order awarding physical care of his child to the child’s mother, Paten Proesch.  OPINION HOLDS: Because the district court ruled on and decided the physical care issue, we agree with Gilbert that the issue was properly preserved for appellate review.  Upon our de novo review of the record, we find the district court gave thorough reasons for why it determined it is in the child’s best interests to be placed in Paten’s physical care.  Considering all of the relevant factors and the court’s credibility findings, we agree with its determination.  Consequently, we affirm the court’s order placing physical care of the child with Paten.  And we agree with Paten that Gilbert failed to preserve his claim of constitutional error for appellate review because he did not raise the issue before the district court or file an Iowa Rule of Civil Procedure 1.904(2) motion to amend or enlarge the court’s ruling asking the court to address his claim of constitutional error.  We therefore do not address the issue.  Finally, we conclude Paten should be awarded attorney fees for having to defend herself here, and we remand to the district court to determine the amount of appellate attorney fees to be awarded to Paten.  Any costs on appeal are assessed to Gilbert.

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