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:
Summary
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.
