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Inghram v. Dairyland Mutual Insurance Company

Supreme Court of Iowa
Feb 20, 1974
215 N.W.2d 239 (Iowa 1974)

Summary

noting that we do not "assume a partisan role and undertake [a party's] research and advocacy"

Summary of this case from State v. Coleman

Opinion

No. 56131.

February 20, 1974.

APPEAL FROM SCOTT DISTRICT COURT, LOWELL D. PHELPS, J.

Elliott R. McDonald, Jr., McDonald McDonald, Davenport, for appellant.

Robert A. Van Vooren and Thomas N. Kamp, Lane Waterman, Davenport, for appellee Robert Louis Inghram.

John J. Carlin, McCracken Carlin, Davenport, for appellee Francis A. Rohlf.

Considered en banc.


Defendant insurance company appeals a judgment for refusing to defend under an automobile liability insurance policy. We dismiss the appeal.

On June 23, 1970 we filed our opinion in Inghram v. Dairyland Mutual Ins. Co., 178 N.W.2d 299 (Iowa 1970) in which this same action was "(r)eversed and remanded with instructions that an order on adjudication of law points be entered consistent with this opinion."

Apparently on a theory thought to be excluded from our decision (see 178 N.W.2d at 300) the matter was upon remand again litigated in district court. This resulted in a judgment against Dairyland for the $13,274.84 described in our earlier opinion. We dismiss this appeal because of wholesale failure to comply with our appellate rules.

Dairyland's counsel have filed with us a brief and argument which fails to conform with the requirements of either the former or present rule 344, Rules of Civil Procedure (contents of briefs and arguments on appeal). The brief fails to cite or mention a single authority; not one case or statute is listed or argued.

We have from time to time noted such unprofessional failure can lead to summary disposition of an appeal. We are not bound to consider a party's position upon such failure either in a criminal case (State v. Streit, 248 Iowa 260, 80 N.W.2d 318, and State v. Fiedler, 260 Iowa 1198, 152 N.W.2d 236) or civil case (Olson v. Olson, 180 N.W.2d 427 (Iowa 1970), and James v. Rosen, 203 N.W.2d 256 (Iowa 1972)).

In such situations we have generally, as a matter of grace, proceeded with a determination of the appeal on its merits, supplying by our own efforts the legal research which the rules prescribe should be undertaken in the first instance by counsel. But we believe the omissions in this case demand enforcement of our appellate rules. To reach the merits of this case would require us to assume a partisan role and undertake the appellant's research and advocacy. This role is one we refuse to assume.

Appeal dismissed.

All Justices concur, except LeGRAND, J., who takes no part.


Summaries of

Inghram v. Dairyland Mutual Insurance Company

Supreme Court of Iowa
Feb 20, 1974
215 N.W.2d 239 (Iowa 1974)

noting that we do not "assume a partisan role and undertake [a party's] research and advocacy"

Summary of this case from State v. Coleman

noting that we do not “assume a partisan role and undertake [a party's] research and advocacy”

Summary of this case from State v. Gaskins

noting that we do not "assume a partisan role and undertake [a party's] research and advocacy"

Summary of this case from State v. Hicks

dismissing appeal based on party's failure to cite any authority

Summary of this case from Winke v. Winke

dismissing an appeal based on appellant's failure to cite any authority

Summary of this case from Baker v. City of Iowa City

declining to undertake research and advocacy where appellant's arguments were underdeveloped

Summary of this case from State v. Lyman

declining to reach the merits of an argument that "would require us to assume a partisan role and undertake the appellant's research and advocacy"

Summary of this case from State v. Olson

refusing to assume "a partisan role and undertake the appellant's research and advocacy"

Summary of this case from Dockery v. State

dismissing an appeal based on the failure to cite any authority

Summary of this case from Hill v. State

noting the court will dismiss an appeal where to reach the merits of the case required the court to assume a partisan role and undertake the appellant's research and advocacy

Summary of this case from Nims v. State

instructing that when not directed to information in the record to aid our resolution of the issue, we will not assume a partisan role and undertake the appellant's research and advocacy

Summary of this case from In re Marriage of Schultz

noting "[t]he brief fails to cite or mention a single authority; not one case or statute is listed or argued"

Summary of this case from Engineering Specialists, Inc. v. Kaneko

stating "unprofessional failure can lead to summary disposition of an appeal"

Summary of this case from In re McFarland

explaining that a failure to comply with the rules of appellate procedure can lead to summary disposition of an appeal

Summary of this case from Schnedler v. McAlpine

dismissing appeal based on party's failure to cite any authority

Summary of this case from Schmidt v. Seaba

dismissing appeal based on party's failure to cite any authority

Summary of this case from Lewis v. Mitchell

dismissing appeal based on party's failure to cite any authority

Summary of this case from Windway Tech. v. Midland Power

dismissing appeal based on party's failure to cite any authority

Summary of this case from Zortman v. Linder

stating "to reach the merits of this case would require us to assume a partisan role and undertake the appellant's research and advocacy," which the court was not willing to do

Summary of this case from State v. Davis

dismissing appeal based on party's failure to cite any authority

Summary of this case from In the Interest of M.J.M., 02-0499

dismissing appeal based on party's failure to cite any authority

Summary of this case from Orange City v. Lot 10

dismissing appeal based on party's failure to cite any authority

Summary of this case from Orange City v. Lot 10
Case details for

Inghram v. Dairyland Mutual Insurance Company

Case Details

Full title:Robert Louis INGHRAM, a Minor, by his Father, Next Friend and Conservator…

Court:Supreme Court of Iowa

Date published: Feb 20, 1974

Citations

215 N.W.2d 239 (Iowa 1974)

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