Supreme Court Dismisses Appeal for Failure to Timely File Appeal With District Court
In Evenson v. Winnebago Industries, No. 17-1419 (Iowa Jan. 18, 2019), the court held that the failure to file a notice of appeal with the district court in a timely manner meant that the Supreme Court did not have jurisdiction to consider the appeal. Accordingly, the appeal was dismissed
Two appeals were filed in this workers' compensation action, one originating in Winnebago County and the other in Polk County. Although the appeals were timely filed with the Supreme Court and copies were sent to opposing counsel, there was no filing of the appeal with the clerks of the respective counties until a corrected notice was filed with the Polk County Clerk 144 days after service. Appellate Rule 6.101(1)(b) holds that time for filing a notice of appeal is tolled when the notice is served, "provided the notice is filed with the district court clerk within a reasonable time." Thus, the question before the court was whether filing 144 days after service was a reasonable time.
The court held that the filing was not within a reasonable time and dismissed the appeal. In Gordon v Wright County Board of Supervisors, 320 N.W.2d 565 (Iowa 1982), the court found that a 63 day delay was not reasonable and applying the logic of that decision, found that a 144 day was not reasonable. The court also rejected appellant's contention that the fact that the court had set briefing deadlines made the appeal timely. The court indicated that "the setting of appellate deadlines by the clerk cannot vest our court with jurisdiction."
Two appeals were filed in this workers' compensation action, one originating in Winnebago County and the other in Polk County. Although the appeals were timely filed with the Supreme Court and copies were sent to opposing counsel, there was no filing of the appeal with the clerks of the respective counties until a corrected notice was filed with the Polk County Clerk 144 days after service. Appellate Rule 6.101(1)(b) holds that time for filing a notice of appeal is tolled when the notice is served, "provided the notice is filed with the district court clerk within a reasonable time." Thus, the question before the court was whether filing 144 days after service was a reasonable time.
The court held that the filing was not within a reasonable time and dismissed the appeal. In Gordon v Wright County Board of Supervisors, 320 N.W.2d 565 (Iowa 1982), the court found that a 63 day delay was not reasonable and applying the logic of that decision, found that a 144 day was not reasonable. The court also rejected appellant's contention that the fact that the court had set briefing deadlines made the appeal timely. The court indicated that "the setting of appellate deadlines by the clerk cannot vest our court with jurisdiction."
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