Elmer P. Scheckel
v.
City of Oelwein and Fayette County Treasurer
Appellant
Elmer P. Scheckel
Appellee
City of Oelwein and Fayette County Treasurer
Attorney for the Appellant
Elmer Scheckel, self-represented
Attorneys for the Appellee
Dustin T. Zeschke, for City of Oelwein
Carlton G. Salmons, for Fayette County Treasurer
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge. AFFIRMED. Considered by Schumacher, P.J., Langholz, J., and Bower, S.J. Opinion by Langholz, J. (8 pages)
Elmer Scheckel appeals from the dismissal of his suit seeking to invalidate a tax deed of a property that he had owned. He argues that the district judge should have recused himself and the court lacked jurisdiction. The City of Oelwein seeks to dismiss the appeal because Scheckel did not petition for a writ of certiorari to challenge the recusal decision. OPINION HOLDS: We have appellate jurisdiction over this appeal because Scheckel appealed from a final order or judgment. Scheckel failed to preserve error on the recusal issue because he did not raise it until after the district court ruled against him, dismissing his suit. And the court did not lack jurisdiction.
