Legal Question in Family Law in Iowa
docket order
On the 18th of february an order was filed that the supreme court of Iowa would accept my appeal, and gave me 45 days for the appeal brief to be filed. On february 24th an order was filed telling me I had 10 days from that date to docket the appeal and I did not see this order because it was mailed to me at my mailing address & not my residence, about 10 days after recieving it from my son, who lives in Utah at a previously held address by the court. Does this void my being able to make my appeal because I did not file the docket order?
1 Answer from Attorneys
Re: docket order
Docketing your appeal is required under Iowa Rules of Appellate Procedure 6.12 and the time allowed varies according to the type of case and otther factors.
If you do not docket your appeal and pay the required fees, the appellee may file a motion to dismiss your appeal that you can resist.
So the answer to your question is, not necessarily. Some affirmative action must be taken by the other party to dismiss your appeal, and that means that if no one has done so you can probably save your appeal.
If I may be of assistance please contact me by email.
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