Opinion
No. 3-324 / 02-1286
Filed July 10, 2003
Appeal from the Iowa District Court for Johnson County, Amanda P. Potterfield, Judge.
The parties appeal the issues decided by the district court in their dissolution decree. AFFIRMED.
Matthew Brandes of Simmons, Perrine, Albright Ellwood, P.L.C., Cedar Rapids, for appellant.
Daniel Bray, Lori Klockau, and Chad Kepros of Bray Klockau, P.L.C., Iowa City, for appellee.
Heard by Mahan, P.J., and Miller and Vaitheswaran, JJ.
The parties to this contentious dissolution appeal the district court's rulings on physical care, visitation, property division, child support, alimony, attorney fees, expenses, and costs. On our de novo review of the record, we believe this is a paradigmatic case for affirmance.
Virtually every issue decided by the district court turned on an evaluation of who was more credible, an evaluation that is entitled to particular weight here, given the highly charged and conflicting testimony of sex abuse, spousal abuse, purposeful reduction in income, inappropriate use of marital funds and other improprieties. See In re Marriage of Vrban, 359 N.W.2d 420, 423 (Iowa 1984) (noting that, unlike district courts, appellate courts are "denied the impression created by the demeanor of each and every witness as the testimony is presented"). The district court's resolution of these issues finds support in the record and falls within the range of discretion generally afforded district courts, absent a failure to do equity. In re Marriage of Rietz, 585 N.W.2d 226, 229 (Iowa 1998); In re Marriage of Benson, 545 N.W.2d 252, (Iowa 1996); In re Marriage of Wessels, 542 N.W.2d 486, 490 (Iowa 1995). Seeing no failure to do equity, we affirm.
We decline Sandra's invitation to order the payment of her appellate attorney fees. Benson, 545 N.W.2d at 258 (stating an attorney fee award rests within our discretion). Appeal costs are assessed equally to both parties.