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In re the Marriage of Dalby
Julie Dalby, Petitioner-Appellee
Douglas Dalby, Respondent-Appellant
Attorney for Appellant
Mark D. Fisher
Attorney for Appellee
Dana A. Judas
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge. AFFIRMED AS MODIFIED. Considered by Potterfield, P.J., and May and Greer, JJ. Opinion by Potterfield, P.J. Special Concurrence by Greer, J. (10 pages)
Douglas Dalby appeals from the decree dissolving his marriage to Julie Dalby. Douglas maintains the division of marital assets was inequitable and asks us to modify the equalization payment due to him from the amount of $31,331.55 to $112,770.24. He also asks for an award of appellate attorney fees. In response, Julie maintains the district court’s division was equitable and asks that we award her appellate attorney fees. OPINION HOLDS: The district court’s division of marital assets was inequitable; we modify the equalization payment Julie owes to Douglas to the amount of $100,932.74. We decline to award either party appellate attorney fees. SPECIAL CONCURRENCE ASSERTS: I agree with modifying the decree to increase the equalization payment to Douglas, but I would then reduce the equalization payment by the full amount of the basement repair.