Concerned Citizens of Southeast Polk School District and Jessman Smith v. City Development Board of the State of Iowa
Supreme Court of Iowa
1DissentMansfield, Justice
I respectfully, dissent from the court’s holding that this appeal is untimely. Iowa Rule of Appellate. Procedure 6.101(1)(6) provides that a notice of appeal “must be filed within 30 days, after the filing of the final order or judgment,” I would count the thirty days from the date when the district court clerk actually filed and served the order. I agree that the probable intent behind the interim Electronic Document Management System- (EDMS) rules was to establish a “nunc pro tunc” regime under which items are submitted electronically, are subsequently reviewed and approved by the district…
2Cases cited6 opinions
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- Purethane, Inc. v. Iowa State Board of Tax ReviewSupreme Court of Iowa · 1993
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