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Wanda Horn
v.
Timothy Arnold Horn
Appellee
Wanda Horn
Appellant
Timothy Arnold Horn
Attorney for the Appellee
Courtney Thomas-Dusing
Attorney for the Appellant
M. Leanne Tyler
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge. REVERSED AND REMANDED. Considered by Danilson, C.J., Mullins, J., and Blane, S.J. Opinion by Blane, S.J. (10 pages)
Timothy Horn appeals from the district court order modifying a consent protective order. The protected party is his estranged wife, Wanda. Tim contends the court applied the wrong standard in modifying the consent order and the evidence did not warrant modification. Wanda contends the court applied the correct standard but the appeal is moot. OPINION HOLDS: On our review, we find the district court applied an incorrect legal standard in determining the order should be modified and insufficient evidence supported the modification. We reverse the modification and reinstate the prior protective order, excluding a now moot provision that ended prior to the appeal.