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Case No. 23-1804

In re the Marriage of Dewhurst

Laura L. Dewhurst, n/k/a Laura L. Imsland, Petitioner-Appellee,

Bryan M. Dewhurst, Respondent-Appellant.

Attorney for Appellant

Nicole S. Facio

Attorney for Appellee

J. Michael Boomershine

Andrew Howie

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1804
Date Published:
Aug 07, 2024
Summary

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Langholz, JJ.  Opinion by Greer, P.J.  Special Concurrence by Ahlers, J.  (11 pages)

            The district court granted in part and denied in part Bryan Dewhurst’s application for rule to show cause against his ex-wife, now known as Laura Imsland.  Bryan appeals, challenging the district court’s dismissal of count I of the application, which involved the claim that Laura violated the court’s custody order by not facilitating the return of their child to Bryan’s physical care after the child left his home in February 2023.  Laura counters by arguing the court correctly dismissed count I.  Each party also requests appellant attorney fees.  OPINION HOLDS: We affirm the district court ruling and deny the requests for attorney fees.  SPECIAL CONCURRENCE ASSERTS: Because the district court had discretion to decline to hold a party in contempt and did not abuse that discretion, I believe it is not necessary to reach the question of whether Bryan Dewhurst met his burden of proof to establish Laura Imsland intentionally interfered with his physical-care rights to their child.

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