Marriage of Mantz, In re, 60870
Decision Date | 28 June 1978 |
Docket Number | No. 60870,60870 |
Citation | 266 N.W.2d 758 |
Parties | In re the MARRIAGE OF Judith Marlene MANTZ and Clinton Homer Mantz. Upon the Petition of Judith Marlene MANTZ, Appellee, and concerning Clinton Homer MANTZ, Appellant, Appeal of Ruth MANTZ. |
Court | Iowa Supreme Court |
William H. Joy, of Joy, Poffenberger & Joy, Perry, for appellants.
L. W. Courter, of Doran, Doran & Courter, Boone, for appellee.
Considered by MOORE, C. J., and MASON, * REES, UHLENHOPP and REYNOLDSON, JJ.
Respondent-father appeals from supplemental dissolution of marriage decree entered on his petition for more specific provisions for his visitations with the parties' two minor daughters. The paternal grandmother appeals from related order denying specific grandparent visitations.
Respondent-father asserts the trial court erred in modifying the decree by eliminating one of his periods of visitation each month, refusing to grant specific grandmother visitations and otherwise allowing the conditions of visitation to remain the same.
At the outset we must determine whether we have jurisdiction to entertain this appeal. Respondent failed to file his notice of appeal with the district court clerk within 30 days. Rules 5 and 6, Rules of Appellate Procedure. Rule 5(a) provides in relevant part:
"Appeals to the Supreme Court must be taken within, and not after, thirty days from the entry of the order, judgment or decree, unless a motion for new trial or judgment notwithstanding the verdict as provided in rule 247, Rules of Civil Procedure, or a motion as provided in rule 179(b), Rules of Civil Procedure, is filed, and then within thirty days after the entry of the ruling on such motion; * * *."
Rule 6(a) provides
Rules 2 and 5, Rules of Appellate Procedure, as they relate to appeals from interlocutory orders, have no application here.
The trial court's order overruling respondent's motion to reconsider, motion for new trial and motion for judgment notwithstanding the verdict was filed on June 6, 1977. Appellant's counsel served notice of appeal on petitioner and her counsel on July 1, 1977. That same day the notice was mailed to the Boone County District Clerk for filing. However, the notice of appeal was not actually filed in district court until July 8, 1977.
We ordered that the question of our jurisdiction which these facts present be submitted with the appeal.
As these events transpired after July 1, 1977 our rules of appellate procedure are applicable. Rule 702, Rules of Appellate Procedure.
Although this is our first occasion to interpret the operation of these rules, we are guided by well-settled principles. It is axiomatic that compliance with our rules relating to time for appeal are mandatory and jurisdictional. Lundberg v. Lundberg, Iowa, 169 N.W.2d 815, 817; Brooks v. Engel, Iowa, 159 N.W.2d 438, 440; Sandler v. Pomerantz, 257 Iowa 163, 165, 131 N.W.2d 814, 816. Where an appellant is late in filing, by as little as one day, we are without jurisdiction to consider the appeal. Zick v. Haugh, Iowa, 165 N.W.2d 836.
Recently in Cook v. City of Council Bluffs, Iowa, 264 N.W.2d 784 we held rule 82(d), Rules of Civil Procedure, ameliorated the oft-times harsh result of timeliness requirements under rules of civil procedure 335, 336(a). Rule 82(d) provides:
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State v. Thompson
...the court's jurisdiction is the power to control what parties and cases may come before the court and when. See In re Marriage of Mantz , 266 N.W.2d 758, 759 (Iowa 1978) ; Franklin v. Bonner , 201 Iowa 516, 518, 207 N.W. 778, 779 (1926). But once a case is before the court, the legislature ......
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In re Interest of T.F.
...it bears repeating, are "mandatory and jurisdictional." Root v. Toney , 841 N.W.2d 83, 87 (Iowa 2013) (quoting In re Marriage of Mantz , 266 N.W.2d 758, 759 (Iowa 1978) ). We lack jurisdiction to hear the father's appeal and should dismiss it without reaching the merits of his argument. In ......
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In re Interest of A.B.
...an appellant is late in filing, by as little as one day, we are without jurisdiction to consider the appeal." In re Marriage of Mantz , 266 N.W.2d 758, 759 (Iowa 1978). Due process itself makes jurisdictional requirements mandatory. "Due process protects the defendant's right not to be coer......
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State v. Davis
...it bears repeating, are "mandatory and jurisdictional." Root v. Toney , 841 N.W.2d 83, 87 (Iowa 2013) (quoting In re Marriage of Mantz , 266 N.W.2d 758, 759 (Iowa 1978) ). This means that we, as an appellate court, do not have jurisdiction to hear a case when parties miss the filing deadlin......