In re the Marriage of Cickavage

• Court: Court of Appeals of Iowa
• Decided: June 21, 2023
• Docket: 22-1823
• Status: Published

Opinion

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.