Legal Opinion · Dissent

Concerned Citizens of Southeast Polk School District and Jessman Smith v. City Development Board of the State of Iowa

Supreme Court of Iowa

Decided December 11, 2015No. 14–1317Published

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

  1. Terry Christiansen v. Iowa Board of Educational ExaminersSupreme Court of Iowa · 2013
  2. Teri Root v. Talton ToneySupreme Court of Iowa · 2013
  3. MC Holdings, L.L.C. Vs. Davis County Board of ReviewSupreme Court of Iowa · 2013
  4. In the Matter of Justin Alexander Marshall Justin Alexander Marshall v. State of IowaSupreme Court of Iowa · 2011
  5. Purethane, Inc. v. Iowa State Board of Tax ReviewSupreme Court of Iowa · 1993

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