Katherine Avenarius and Paul Avenarius v. State of Iowa
This text of Katherine Avenarius and Paul Avenarius v. State of Iowa (Katherine Avenarius and Paul Avenarius v. State of Iowa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the Iowa Supreme Court
No. 22–1419
Polk County No. LACL145293
ORDER
Katherine Avenarius and Paul Avenarius,
Appellees,
vs.
State of Iowa,
Appellant.
The court, May, J., taking no part, being evenly divided, declares this case
affirmed by operation of law. See Iowa Code § 602.4107 (2024).
The district court denied the State’s partial motion for summary judgment.
We granted the State’s application for interlocutory review and transferred the
case to the court of appeals. The court of appeals affirmed. Christensen, C.J.,
and Oxley and McDermott, JJ., would affirm the court of appeals decision and
district court judgment; Waterman, Mansfield, and McDonald, JJ., would vacate
the court of appeals decision and reverse the district court judgment. See State
v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the supreme court is equally
divided . . . , the decision of the district court is affirmed by operation of law.”).
Copies to:
Nicholas Kilburg Job Mukkaka Assistant Attorney General Hoover State Office Building 1305 E. Walnut Street Des Moines, IA 50319 2
Todd Klapatauskas 110 East 9th Street P.O. Box 239 Dubuque, IA 52004
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Katherine Avenarius and Paul Avenarius v. State of Iowa, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katherine-avenarius-and-paul-avenarius-v-state-of-iowa-iowa-2024.