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Case No. 21-0184

Bernnadette Cecena
Michael R. Billick


Bernnadette Cecena


Michael R. Billick

Attorney for the Appellee

Bernnadette Cecena, self-represented

Attorney for the Appellant

Jeffrey M. Beatty

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 25, 2022

            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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