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Case No. 21-1552

In re the Marriage of Humlicek

Valerie E. Humlicek, Petitioner-Appellee

Kevin G. Humlicek, Respondent-Appellant

Attorney for Appellant

Craig H. Lane

Attorney for Appellee

David L. Reinschmidt

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 17, 2022

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (6 pages)

            A former husband appeals the district court ruling his motion to vacate his dissolution is time-barred.  The court also ruled, because the claim is based on intrinsic fraud, equitable relief is not available to him.  OPINION HOLDS: The district court correctly determined the fraud would have been intrinsic to the dissolution action and, as such, the husband could not bring his claim more than one year after the decree.  We agree his claim is time-barred and affirm. 

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