In re the Marriage of Cickavage ( 2023 )


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  •                     IN THE COURT OF APPEALS OF IOWA
    No. 22-1823
    Filed June 21, 2023
    IN RE THE MARRIAGE OF SARA LYNN CICKAVAGE
    AND JESSE QUANAH CICKAVAGE
    Upon the Petition of
    SARA LYNN CICKAVAGE, n/k/a SARA LYNN JARVIS,
    Petitioner-Appellee,
    And Concerning
    JESSE QUANAH CICKAVAGE,
    Respondent-Appellant.
    ________________________________________________________________
    Appeal from the Iowa District Court for Butler County, Christopher C. Foy,
    Judge.
    The respondent challenges the district court’s award of appellate attorney
    fees following a remand by this court. AFFIRMED.
    Jesse Q. Cickavage, New Hartford, self-represented appellant.
    John J. Wood of Beecher, Field, Walker, Morris, Hoffman & Johnson, P.C.,
    Waterloo, for appellee.
    Considered by Bower, C.J., and Tabor and Greer, JJ.
    2
    GREER, Judge.
    After we affirmed the modification of the decree dissolving the marriage of
    Jesse and Sara Cickavage and remanded for the limited purpose of determining
    the appropriate amount of appellate attorney fees, see generally In re Marriage of
    Cickavage, No. 21-1492, 
    2022 WL 1486182
     (Iowa Ct. App. May 11, 2022), Jesse
    filed a “petition to vacate attorney fees for lack of subject matter jurisdiction.” The
    district court denied the motion and ordered Jesse to pay Sara $8220 in appellate
    attorney fees.   Jesse appeals, re-raising the same arguments about “subject
    matter jurisdiction” that he raised to the district court. Having reviewed Jesse’s
    arguments and the district court’s ruling on these issues, we affirm without further
    opinion. Because Sara was obligated to defend this appeal, and based on her
    attorney fee affidavit, we award her an additional $1125 in appellate attorney fees.
    See 
    Iowa Code § 598.36
     (2022); In re Marriage of Maher, 
    596 N.W.2d 561
    , 568
    (Iowa 1999).
    We affirm without further opinion. See Iowa Ct. R. 21.26(1)(a), (d).
    AFFIRMED.
    

Document Info

Docket Number: 22-1823

Filed Date: 6/21/2023

Precedential Status: Precedential

Modified Date: 6/21/2023