Richard Abernethy v. Jeremiah D. Schmitt

VOGEL, Judge.

Jeremiah Schmitt appeals the district court’s denial of his pre-answer motion to change venue. As the defendant, he asserts his residence — Woodbury County — is the proper venue, given no statutory exception applies to render his home county an improper venue. He also claims the court erred in denying his request for attorney fees and requests appellate attorney fees. We conclude that pursuant to Iowa Code section 616.17 (2013), the petition must be filed in Schmitt’s county of residence, Woodbury County. With regard to attorney fees, we remand for the district court to determine…