Opinion
No. 06-1690.
March 14, 2008.
Appeal from the Iowa District Court for Johnson County, David L. Baker, Judge.
Gregory Halter appeals from the district court's orders denying his request to suspend his child support obligation and his motion for reconsideration. APPEAL DISMISSED.
Gregory J. Halter, Oxford, Wisconsin, appellant pro se.
Thomas J. Miller, Attorney General, Patricia Hemphill and Michael J. Parker, Assistant Attorney Generals, Janet M. Lyness, County Attorney, and Patricia Weir and Emily Schaar, Assistant County Attorneys, for appellee State.
Diane Halter, North Liberty, appellee pro se.
Considered by HUITINK, P.J., and ZIMMER and MILLER, JJ. BAKER, J., takes no part.
[EDITORS' NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]
Gregory Halter appeals from the district court's orders denying his request to suspend his child support obligation and his motion for reconsideration. He argues the principle of res judicata or, in the alternative, collateral estoppel applies based on a support order entered in another case, which suspended his obligation while he was incarcerated. He also argues the district court failed to consider his financial circumstances. We dismiss the appeal for failure to comply with our appellate rules.
Halter, a non-lawyer, is bound by the same standards as lawyers. In re Estate of DeTar, 572 N.W.2d 178, 180 (Iowa Ct.App. 1997). Thus, "[s]ubstantial departures from appellate procedures cannot be permitted on the basis that a non-lawyer is handling [his] own appeal." Id.
The Iowa Rules of Appellate Procedure govern the form and manner of briefs filed in our court. Id. Halter has filed a brief that fails to conform with the requirements of rule 6.14 in a number of ways. For example, Halter's brief does not contain a table of contents, a table of authorities, a routing statement, a list of all cases, statutes, and other authorities referred to in the argument under each statement of the issues, references to the record or appendix in the statement of the case or the argument, a standard of review, or a statement regarding how the issues were preserved for review with references in the record where the issues were raised and decided. "Such failures can lead to summary disposition of an appeal." Id. at 181. "We are not bound to consider a party's position when the brief fails to comply with the Iowa Rules of Appellate Procedure." Id.
In some situations, as a matter of grace, we have proceeded to determine the appeal on its merits. Inghram v. Dairyland Mut. Ins. Co., 215 N.W.2d 239, 240 (Iowa 1974). However, we will not proceed to the merits if it "would require us to assume a partisan role and undertake the appellant's research and advocacy." Id. Proceeding to the merits of Halter's appeal would require us to do so.
We accordingly dismiss Halter's appeal without reaching its merits.