LEMON v. PASTERNAK

No. 69074.

340 N.W.2d 268 (1983)

Elizabeth LEMON, Plaintiff, v. I. Joel PASTERNAK, District Associate Judge in and for Polk County, Defendant.

Supreme Court of Iowa.

November 23, 1983.


Attorney(s) appearing for the Case

Robert W. Powers, Des Moines, for plaintiff.

Thomas J. Miller, Atty. Gen., and Lona Hansen, Asst. Atty. Gen., for defendant.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, McCORMICK, and McGIVERIN, JJ.


McGIVERIN, Justice.

In a small claims case, must an appellant file an appeal bond as a prerequisite to perfecting an appeal to a district judge? The trial court ordered plaintiff Elizabeth Lemon to file an appeal bond before her appeal would be perfected. We believe no such bond is required to perfect the appeal and that the court acted without authority. Therefore, we sustain the writ of certiorari challenging the order.

The genesis of this certiorari case...

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