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Case No. 17-1568

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

In re the Marriage of Mack

Eddie R. Mack, Petitioner-Appellant

Kathy A. Mack, Respondent-Appellee

Attorney for Appellant

Gina C. Badding

Attorney for Appellee

J.C. Salvo and Bryan D. Swain

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

           Appeal from the Iowa District Court for Audubon County, James S. Heckerman, Judge.  AFFIRMED AS MODIFIED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J. (21 pages)

            Eddie Mack appeals from the decree of dissolution of his marriage to Kathy Mack.  He raises four claims: 1) the district court should have imposed discovery sanctions when Kathy failed to turn over business records; (2) the property division was inequitable; (3) the court should have ordered Kathy to pay trial attorney fees; and (4) the decree improperly included a noncompetition clause; limiting Eddie’s future business prospects.  OPINION HOLDS: After our de novo review of the trial record, we find Eddie failed to preserve error on the first issue.  On the remaining claims, we find the decree to be equitable—with two small exceptions.  Due to a mathematical error, we modify Kathy’s equalization payment slightly in Eddie’s favor.  We also order Kathy to pay $7000 toward Eddie’s trial attorney fees.  We affirm the decree as modified. 

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