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Case No. 17-1410

For summaries from opinions prior to August, 2018, view PDF versions here

In re the Marriage of Haidar

Mohammad M. Haidar, Petitioner-Appellee

Patricia A. Haidar, Respondent-Appellant

Attorney for Appellant

Jacob van Cleaf

Attorney for Appellee

James R. Hinchliff

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Oct 10, 2018

           Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (8 pages)

           Patricia Haidar appeals the entry of default judgment in her dissolution proceeding.  OPINION HOLDS: The entry of default judgement was not proper because Patricia's counsel was present for trial and prepared to proceed without Patricia's physical presence, and Patricia's presence was not reasonably necessary to resolve the disputes at issue.  The portion of the judgment dissolving the marriage is affirmed, and the remainder is vacated and remanded to the district court for substantive consideration.

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