Hadaway v. Hadaway
Opal Hadaway, Plaintiff,
and
Mark Hadaway and Thomas O. Hadaway, Substitute Petitioners-Appellants,
vs.
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:
Summary
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.
