In the Interest of K.D. and B.D., Minor Children
21-0070
| Iowa Ct. App. | Oct 20, 2021Background:
- Juvenile court terminated the father’s parental rights on January 4, 2021.
- Father filed a timely notice of appeal on January 17, 2021, which triggered a 15‑day deadline to file the petition on appeal (deadline: Feb 1).
- Father’s petition was submitted 32 seconds after midnight on February 2; counsel reported EDMS technical difficulties prevented a timely electronic filing.
- Iowa Supreme Court’s decision in In re A.B. permits a delayed appeal only where the parent intended to appeal, the failure was outside the parent’s control, and the delay is negligible — typically with extenuating circumstances.
- Iowa Rules of Electronic Procedure (rule 16.309) expressly state technical difficulties with EDMS do not excuse missing jurisdictional deadlines and warn against last‑minute electronic filings.
- The court concluded no extenuating circumstances justified a delayed appeal and, because the petition was untimely, dismissed the appeal for lack of jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a delayed appeal should be allowed for a petition filed 32 seconds late | Father: Clearly intended to appeal; petition was completed before midnight; EDMS outage caused delay | State: Jurisdictional deadline is mandatory; rules forbid excusing tech problems; no extenuating circumstances | Denied: appeal dismissed for lack of jurisdiction — A.B. criteria require extenuating circumstances and EDMS problems do not excuse late filing |
| Whether EDMS technical difficulties excuse missing a jurisdictional deadline | Father: Tech failure was outside father’s control, so delay should be excused | State: Rule 16.309(2)(a) and its comment preclude excusing electronic‑filing tech issues; filers must not wait until last moment | Rejected: rule and its comment bar reliance on last‑minute EDMS failures as a basis for tolling or delayed appeal |
Key Cases Cited
- In re A.B., 957 N.W.2d 280 (Iowa 2021) (authorized delayed appeal in TPR cases only where parent intended to appeal, failure was outside parent’s control, delay negligible, and extenuating circumstances justified relief)
- Root v. Toney, 841 N.W.2d 83 (Iowa 2013) (appellate timing rules are mandatory and jurisdictional)
- In re Marriage of Mantz, 266 N.W.2d 758 (Iowa 1978) (timing rules for appeals are jurisdictional)