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:
Date Published:
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.