Bradley E. Wendt
v.
Mahanaim N. Peterson
Appellant
Bradley E. Wendt
Appellee
Mahanaim N. Peterson
Attorney for the Appellant
Andrew B. Howie
Attorney for the Appellee
Maura Sailer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Crawford County, Duane E. Hoffmeyer, Judge. AFFIRMED. Considered by May, P.J., Greer, J., and Danilson, S.J. Opinion by May, P.J. Special Concurrences by Greer, J. and Danilson, S.J. (9 pages)
Bradley Wendt appeals the dismissal of his application for order for rule to show cause, which sought to hold his child’s mother, Mahanaim Peterson, in contempt. OPINION HOLDS: The district court did not abuse its discretion by declining to hold Peterson in contempt. We affirm. We also decline Wendt’s request for appellate attorney fees. SPECIAL CONCURRENCE ASSERTS: I specially concur. I agree with the opinion of the majority, but I would also afford the contempt judge’s determination substantial weight and confirm going forward that the exhibit at issue is not mandatory under the decree but merely aspirational. SPECIAL CONCURRENCE ASSERTS: I concur in the result but would add that without a reference to incorporation, Exhibit D may not be enforced by the court’s contempt powers. Exhibit D was mentioned, but it was not incorporated into the decree. Under these facts, the district court correctly observed it lacked authority to entertain Wendt’s contempt claims.
