Romoke Olutunde v. Iowa Department of Human Services, Charles M. Palmer, Director

Supreme Court of Iowa·Decided May 29, 2020·No. 17-1650·Published

Opinion

IN THE SUPREME COURT OF IOWA No. 17–1650

Linn County No. CVCV085106 ORDER

ROMOKE OLUTUNDE, Plaintiff-Appellant,

vs.

IOWA DEPTARTMENT OF HUMAN SERVICES, and CHARLES M. PALMER, DIRECTOR, Defendant-Appellee.

The court, McDonald, J., taking no part, being evenly divided, declares this case affirmed by operation of law. See Iowa Code § 602.4107 (2019). Christensen, C.J., and Appel and Oxley, JJ., would affirm the district court decision that upheld the agency determination that the appellant committed dependent adult abuse; Waterman, Mansfield, and McDermott, JJ., would reverse. See State v. Effler, 769 N.W.2d 880, 884 (Iowa 2009) (“[W]hen the supreme court is equally divided on an issue upon which the district court and court of appeals differ, the decision of the district court is affirmed by operation of law.”).

Copies to:

James Robert Hinchliff 5015 Grand Ridge Drive Suite 100 West Des Moines, IA 50265

Andrew Howie 1 of 3 5015 Grand Ridge Drive Suite 100 West Des Moines, IA 50265

Charles K. Phillips Hoover Building Second Floor Des Moines, IA 50319

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State of Iowa Courts

Case Number Case Title 17-1650 Olutunde v. Iowa Dept. of Human Services

So Ordered

Electronically signed on 2020-05-29 08:00:50

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Related

State v. Effler
769 N.W.2d 880 (Supreme Court of Iowa, 2009)