In re Marriage of Mentz
Aron Elvis Mentz, Petitioner-Appellant
Kelsey Anne Mentz n/k/a Kelsey Anne Hoffman, Respondent-Appellee
Attorney for Appellant
Jamie A. Splinter
Attorney for Appellee
Robert J. Murphy
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS. Considered by Badding, P.J., Langholz, J., and Danilson, S.J. Opinion by Badding, P.J. (13 pages)
A husband appeals the decree dissolving his marriage, claiming the district court abused its discretion in allowing his wife to amend her pleading to request physical care and sanctioning him for discovery violations. He also claims the court erred in determining physical care without considering the child’s best interests and dividing the parties’ property. Both parties request an award of appellate attorney fees. OPINION HOLDS: We affirm the dissolution of the parties’ marriage, grant of joint legal custody, and division of property, but we reverse the district court’s order placing the minor child in Kelsey’s physical care. We remand for the prompt conduct of a new evidentiary hearing before a new judicial officer on the issues of physical care, visitation, and child support. Both parties’ request for appellate attorney fees are denied.
