Opinion
No. 2-785 / 02-1262
Filed October 16, 2002
Appeal from the Iowa District Court for Linn County, William L. Thomas, Judge.
A father appeals the termination of his parental rights. APPEAL DISMISSED.
Richard Pazdernik of Nazette, Marner, Wendt, Knoll Usher, L.L.P., Cedar Rapids,for appellant-father.
Hanna Weston of Nadler Weston, Cedar Rapids, for appellant-mother.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, Harold Denton, County Attorney, and Kelly Kaufman, Assistant County Attorney, for appellee-State.
Melody Butz, Marion, guardian ad litem for the minor child.
Considered by Hecht, P.J., and Vaitheswaran and Eisenhauer, JJ.
A father appeals the termination of his parental rights pursuant to Iowa Code sections 232.116(1)(d), (e), and (h) (Supp. 2001). The father filed his notice of appeal on August 7, 2002. His petition was filed with the clerk of the supreme court on August 23, 2002. Iowa Rule of Appellate Procedure 6.6(4) requires that petitions in termination cases "be filed . . . within, and not after, 15 days from the filing of the notice of appeal." The father's petition was not timely filed. Accordingly, we dismiss his appeal. See Iowa R.App.P. 6.6(4).
In its order terminating parental rights, the court cites to Iowa Code sections 232.116(1)(c), (d), and (g) (2001). However, the applicable law in this termination is correctly cited as Iowa Code sections 232.116(1)(d), (e), and (h) (Supp. 2001) due to an amendment to section 232.116 that renumbered the sections but did not substantively alter them.