In Schmidt v. Seaba, decided January 22, 2009, the Iowa Court of Appeals in essence ignored the appeal issues presented by the appellant because “he failed to follow the Iowa Rules of Appellate Procedure that govern the form and manner of briefs and appendices.” His brief violated Rules 6.14(1)(c), (d), (e), (f), and (g). Most fatal, he failed to provide a trial transcript. The fact that the appellant was acting pro se had no effect on the decision. Schmidt provides further evidence that procedure can dictate substance.
Recent Comments