In re the Marriage of Diaz-Doolin
Ashley Diaz-Doolin, n/k/a Ashley Grimm, Petitioner-Appellee
Damu Odente Diaz-Doolin, Respondent-Appellant
Attorney for Appellant
Rebecca Feiereisen
Attorney for Appellee
Dawn D. Long
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Ahlers, J. (11 pages)
A father appeals the district court order denying his motion to set aside the default entered against him following his failure to appear at a pretrial conference. He further argues the mother did not meet her burden to show modification of the provisions regarding physical care of the children was warranted. OPINION HOLDS: The district court did not abuse its discretion in partially denying the father’s motion to set aside the default and limiting him to his own testimony and cross-examination of the mother and her witnesses. We conclude joint physical care is no longer viable and the children are more appropriately placed in the mother’s physical care. We decline to award the mother appellate attorney fees. We affirm.
