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Case No. 19-1683

Hadaway v. Hadaway

Opal Hadaway, Plaintiff,


Mark Hadaway and Thomas O. Hadaway, Substitute Petitioners-Appellants,


Jerome Hadaway and Cecilia Hadaway, Defendants-Appellees.

Attorney for Appellants

Mark Hadaway, self-represented

Thomas Hadaway, self-represented

Attorney for Appellees

John D. Jordan

Guardian ad Litem for Opal Hadaway

Justin T. Deppe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 01, 2020

            Appeal from the Iowa District Court for Hamilton County, James C. Ellefson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND VACATED IN PART.  Considered by Tabor, P.J., and Mullins and Schumacher, JJ.  Opinion by Mullins, J.  (4 pages)

            Mark and Thomas Hadaway appeal a district court order regarding the dismissal of a petition for relief from elder abuse.  OPINION HOLDS: Because the district court’s assessment of costs against Mark and Thomas was in direct violation of the statute, it is reversed.  The district court’s finding regarding the necessity of litigation was irrelevant to the merits of the dismissal and attorney fee argument and is vacated.  We find the court did not abuse its discretion in denying the request for attorney fees.

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