Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-2067

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

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

Opinion Number:
18-2067
Date Published:
Sep 25, 2019
Summary

            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.

© 2022 Iowa Judicial Branch. All Rights Reserved.