Jay Driesen, Substitute Petitioner for Cindy Davis
v.
Katherine Kerr-Davis
Appellant
Jay Driesen, Substitute Petitioner for Cindy Davis
Appellee
Katherine Kerr-Davis
Attorney for the Appellant
Self-represented
Attorney for the Appellee
Steven E. Ort
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (7 pages)
Cindy Davis appeals the order dismissing a petition for relief from elder abuse filed on her behalf by a substitute petitioner. OPINION HOLDS: I. Because Cindy is the party in interest and participated in the proceedings below, we deny the motion to dismiss for lack of jurisdiction. II. Cindy does not meet the definition of a “vulnerable elder” under Iowa Code chapter 235F (2020). Because the petition does not show a right of recovery under any state of facts, we affirm its dismissal.