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Case No. 21-0184

Bernnadette Cecena
v.
Michael R. Billick

Appellee

Bernnadette Cecena

Appellant

Michael R. Billick

Attorneys for Appellee

Bernnadette Cecena, self-represented

Attorneys for Appellant

Jeffrey M. Beatty

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0184
Date Published:
May 25, 2022
Summary

            Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (5 pages)

            Michael Billick appeals the denial of his Iowa Rule of Civil Procedure 1.1012 petition as untimely.  OPINION HOLDS: Billick failed to preserve error on his claim that an Iowa Code section 236.5(2) (2019) petition amounted to an Iowa Rule of Civil Procedure 1.904 motion and, therefore, the one-year period for filing his rule 1.1012 petition did not start until the section 236.5 petition was denied.  Billick also failed to preserve error on his claim that his rule 1.1012 petition was timely due to a tolling provision in an Iowa Supreme Court supervisory order.  Without consideration of these arguments, we cannot conclude Billick’s rule 1.1012 petition was timely.

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