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Case No. 23-0176

In re the Marriage of Burlage

Jennifer Leigh Burlage n/k/a Jennifer Leigh Helle, Petitioner-Appellee,

Tyler Lee Burlage, Respondent-Appellant.

Attorney for Appellant

Cynthia D. Hucks

Attorney for Appellee

Caitlin Slessor

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0176
Date Published:
Aug 21, 2024
Summary

            Appeal from the Iowa District Court for Delaware County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (9 pages)

            Tyler Burlage appeals the denial of his petition to vacate the decree dissolving his marriage to Jennifer Helle under Iowa Rule of Civil Procedure 1.1012.  He argues that the district court erred in denying his petition because he failed to show that his grounds for relief were not and could not have been discovered in time to move for a new trial under rule 1.1004.  OPINION HOLDS: Substantial evidence supports the district court’s finding that Burlage’s grounds for relief were all known to him within the fifteen-day window for filing a motion for a new trial.  And so, the district court did not error in denying Burlage’s petition to vacate the parties’ stipulated dissolution decree.

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