Emilio Puente
v.
Civil Service Commission of Iowa City
Appellant
Emilio Puente
Appellee
Civil Service Commission of Iowa City
Attorney for the Appellant
Peter M. Sand
Attorney for the Appellee
Elizabeth Craig and Jennifer L. Schwickerath, Assistant City Attorneys
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge. AFFIRMED. Considered by Bower, C.J., and Badding and Buller, JJ. Opinion by Badding, J. (11 pages)
Emilio Puente appeals the district court’s grant of a pre-answer motion to dismiss his petition for judicial review challenging a decision of the Civil Service Commission of Iowa City. He argues the district court erred in granting dismissal on the basis that he failed to file and serve a notice of appeal as required by Iowa Code section 400.27 (2022). OPINION HOLDS: Because a petition for judicial review under Iowa Code chapter 17A is not the same as a notice of appeal under section 400.27, nor can it be construed as such, we affirm the district court’s ruling granting the commission’s motion to dismiss for lack of jurisdiction.
