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Case No. 22-0738

In re Marriage of Brigman

County:
Polk

Cody John Brigman, Petitioner-Appellant

Jennifer Lynn Brigman n/k/a Jennifer Lynn Newton, Respondent-Appellee

Attorney for Appellant

Deborah L. Johnson

Attorney for Appellee

Ted Harrison Engel

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0738
Date Published:
Dec 21, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            This appeal involves the interpretation of a divorce decree providing that holiday time takes precedence over the parties’ regular parenting schedule.  Finding there was a legitimate dispute over the interpretation, the district court ruled Cody Brigman was in default of the decree but not in contempt.  OPINION HOLDS: Because the holiday schedule does not impact parenting time outside of the times listed therein, we agree with Cody’s interpretation and find he was not in default.  Accordingly, we reverse and remand for entry of an order consistent with this opinion.

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