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In re Marriage of Doss & Huffer
Angela Doss, Petitioner-Appellee
Duane Huffer, Respondent-Appellant
Attorney for Petitioner-Appellee
Katie M. Naset
Attorney for Respondent-Appellant
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Polk County, David Porter, Jeanie Vaudt, Scott D. Rosenberg, and Coleman McAllister, Judges. AFFIRMED AS MODIFIED. Considered by Bower, C.J., and Mullins and Ahlers, JJ. Greer, J., takes no part. Opinion by Mullins, P.J. (23 pages)
Duane Huffer appeals following the entry of a decree dissolving his marriage to Angela Doss. He argues (1) the district court erred in allowing his first attorney to withdraw without notice to him or a hearing and allowing the attorney to disclose privileged attorney-client information; (2) the court erred in not allowing additional discovery and a deposition of Angela; (3) the court erred in finding Angela more credible, given her alleged dishonesty about domestic abuse in the past; (4) the court misvalued property; (5) the court’s distribution of assets was inequitable; (6) he should have been awarded temporary and permanent spousal support; (7) he should have been awarded temporary attorney fees and Angela should not have been awarded trial attorney fees; (8) the court erred in concluding his third attorney was ethical in withdrawing based on his refusal to follow his direction “to challenge [Angela’s] lies about domestic violence”; and (9) the court shirked its duty of impartiality. OPINION HOLDS: We affirm on all issues except the attorney fee award in favor of Angela. On our review, we are unable to conclude Angela has a need for an award or that Duane has an ability to pay. We modify the decree to vacate the attorney fee award. We also deny Angela’s request for appellate attorney fees.