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Schnedler v. McAlpine

Court of Appeals of Iowa
Feb 23, 2011
798 N.W.2d 349 (Iowa Ct. App. 2011)

Opinion

No. 1-020 / 10-0468.

Filed February 23, 2011.

Appeal from the Iowa District Court for Des Moines County, R. David Fahey, Jr., Judge.

A defendant appeals from the district court's order entering judgment in favor of the plaintiffs and against the defendant in the amount of $2400. APPEAL DISMISSED.

Eric L. Benne of Swanson, Engler, Gordon, Benne Clark, L.L.L.P., Burlington, for appellees.

Don McAlpine, Mediapolis, appellant pro se.

Considered by VOGEL, P.J., and DOYLE and TABOR, JJ.


Don McAlpine appeals from the district court's order entering judgment in favor of the plaintiffs and against the defendant in the amount of $2400. Randy Schnedler and Matthew Schnedler argue that McAlpine's appeal should be dismissed for failure to comply with the Iowa Rules of Appellate Procedure. We agree. McAlpine's brief does not comply with the rules of procedure in a number of ways, including a three-sentence argument section that does not address error preservation and standard of review, nor cite any authority. See Iowa R. App. P. 6.903(2)(g)(3) ("Failure to cite authority in support of an issue may be deemed waiver of that issue."). "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." Inghram v. Dairyland Mut. Ins. Co., 215 N.W.2d 239, 240 (Iowa 1974); see also Simmons v. Brenton Nat'l Bank of Perry, 390 N.W.2d 143, 145 (Iowa Ct. App. 1986) ("We cannot permit substantial departures from statutory appellate procedures on the basis a lay person is handling his own appeal. . . . The ultimate result of that policy would be a chaotic breakdown in our judicial system."). We dismiss the appeal. See Inghram, 215 N.W.2d at 239-40 (explaining that a failure to comply with the rules of appellate procedure can lead to summary disposition of an appeal). Costs are assessed to McAlpine.

APPEAL DISMISSED.


Summaries of

Schnedler v. McAlpine

Court of Appeals of Iowa
Feb 23, 2011
798 N.W.2d 349 (Iowa Ct. App. 2011)
Case details for

Schnedler v. McAlpine

Case Details

Full title:RANDY SCHNEDLER and MATTHEW SCHNEDLER, Plaintiffs-Appellees, v. DON…

Court:Court of Appeals of Iowa

Date published: Feb 23, 2011

Citations

798 N.W.2d 349 (Iowa Ct. App. 2011)