David Hartsuch, MD
v.
The Iowa Board of Medicine and The Iowa Board of Pharmacy
Appellant
David Hartsuch, MD
Appellee
The Iowa Board of Medicine and The Iowa Board of Pharmacy
Attorney for the Appellant
David L. Hartsuch, MD MS, Self-represented
Attorney for the Appellee
Katie F. Carl, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham II and Mark J. Smith, Judges. AFFIRMED. Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ. Langholz, J., takes no part. Opinion by Badding, J. Partial dissent by Buller, J. (10 pages)
Dr. David Hartsuch appeals the dismissal of his petition for judicial review naming the Iowa Board of Medicine and the Iowa Board of Pharmacy as respondents. He argues the district court failed to recognize its jurisdiction over unaddressed elements of his petition, and he challenges the court’s mootness finding under the voluntary-cessation doctrine. OPINION HOLDS: We find Dr. Hartsuch’s appellate brief fails to adequately identify a reviewable agency action overlooked by the district court, and we reject his voluntary-cessation argument as inapplicable to the district court’s disposition. We therefore affirm the dismissal of his petition for judicial review. PARTIAL DISSENT ASSERTS: Because this appeal was not timely taken, I believe we lack jurisdiction and therefore dissent from reaching the merits.
