Willie Hall v. Employment Appeal Board , 2012 Iowa Sup. LEXIS 38 ( 2012 )

IN THE SUPREME COURT OF IOWA
No. 11–0389
Filed April 20, 2012
WILLIE HALL,
Appellant,
vs.
EMPLOYMENT APPEAL BOARD,
Appellee.
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Polk County, Eliza J.
Ovrom, Judge.
On further review, appellant alleges the district court erred in
assessing court costs. DECISION OF THE COURT OF APPEALS
AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART.
Benjamin G. Humphrey, Des Moines, for appellant.
Richard R. Autry, Des Moines, for appellee.
2
APPEL, Justice.
The Employment Appeal Board (Board) denied Willie Hall’s
application for unemployment insurance benefits. Hall filed a petition for
judicial review. The district court affirmed the decision of the Board and
assessed costs against Hall. The court of appeals affirmed. We grant
further review, but limit our consideration to the question of the validity
of the judgment as it relates to court costs. See Hills Bank & Trust Co. v.
Converse, 772 N.W.2d 764, 770 (Iowa 2009) (stating we have the
discretion to limit our review to any issue raised on appeal). The court of
appeals decision is the final decision with respect to the other issues
raised on appeal. See State v. Johnson, 784 N.W.2d 192, 193 n.1 (Iowa
2010).
Iowa Code section 96.15(2) (2011) provides, “An individual claiming
benefits shall not be charged fees of any kind in any proceeding under
this chapter . . . by a court or an officer of the court.” “Fees” include
court costs. Cobb v. Emp’t Appeal Bd., 506 N.W.2d 445, 448 (Iowa
1993); Geiken v. Lutheran Home for the Aged Ass’n, 468 N.W.2d 223, 227
(Iowa 1991). We accordingly reverse the district court judgment by
removing the requirement that Hall pay court costs.
DECISION OF THE COURT OF APPEALS AFFIRMED IN PART
AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED
IN PART AND REVERSED IN PART.