For summaries from opinions prior to August, 2018, view PDF versions here.
In re the Marriage of Rana
Shawn Amar Rana, Petitioner-Appellee
Leanne Patricia Rana, Respondent-Appellant
Attorney for Appellant
R. A. Bartolomei
Attorney for Appellee
Curtis Dial
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge. AFFIRMED. Considered by Tabor, P.J., and Greer, J., and Doyle, S.J. Opinion by Greer, J. (11 pages)
Shawn and Leanne Rana dissolved their marriage by stipulated decree, which included division of their marital property. One year later, as part of her petition to modify custody provisions, Leanne also raised a counterclaim asking the court to modify the property division based on Shawn’s alleged fraudulent concealment of certain assets. The court later dismissed Leanne’s counterclaim, concluding (1) it was not properly brought under Iowa Rules of Civil Procedure 1.1012 and 1.1013 and (2) Leanne failed to prove her claim of fraud in equity. Leanne appeals. OPINION HOLDS: Because Leanne failed to comply with the jurisdictional requirements for her rule 1.1012 fraud claim and because she cannot obtain relief on her equitable fraud claim, we agree with the district court’s ruling dismissing her request to modify the property division in the dissolution decree.
