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Case No. 18-0603

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

In re the Marriage of Rath

Melinda Sue Rath, Petitioner-Appellee

Keith Allen Rath, Respondent-Appellant

Attorney for Appellant

Keith A. Rath, self-represented

Attorney for Appellee

Caitlin L. Slessor

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0603
Date Published:
Nov 06, 2019
Summary

            Appeal from the Iowa District Court for Benton County, Patrick R. Grady, Judge.  DIRECT APPEAL AFFIRMED; WRIT ANNULLED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (3 pages)

            Keith Rath appeals from the district court’s refusal to hold his former wife, Melinda Gordon, in contempt for failure to comply with property provisions of their divorce decree.  Although it refused to find Melinda in contempt, the court did find Keith in contempt for his own failure to comply with the decree.  Keith filed an appeal to the joint order.  OPINION HOLDS: Although an appeal lies from the refusal of the court to find Melinda in contempt, the proper mode of review for the finding Keith was in contempt was petition for writ of certiorari.  We treat the appeal as though Keith requested the proper form of review.  And, after a careful review of the record, briefs, and applicable law, we affirm the district court’s ruling without opinion under Iowa R. App. P. 6.1203(a) and (d).  We affirm.   

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