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BUSH v. IOWA DIST. COURT FOR SAC CTY.

No. 84-278.

369 N.W.2d 424 (1985)

Warren L. BUSH, Plaintiff, v. IOWA DISTRICT COURT FOR SAC COUNTY, Defendant.

Supreme Court of Iowa.

June 19, 1985.

Attorney(s) appearing for the Case

Warren L. Bush, Wall Lake, pro se.

Thomas J. Miller, Atty. Gen., Roxann M. Ryan, and Steven K. Hansen, Asst. Attys. Gen., and Lon R. Tullar, Co. Atty., for defendant.

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, LARSON and SCHULTZ, JJ.

HARRIS, Justice.

Plaintiff filed a notice of appeal from a trial court order fixing attorney's fees. Under Iowa rule of appellate procedure 304 we treat the notice to be, as it should have been, a petition for issuance of a writ of certiorari. Because the plaintiff has not demonstrated an abuse of discretion we annul the writ.

William Baker shot Suzie Auen in the back with a 410 shotgun. The victim died and Baker was charged with her murder. Plaintiff, an...

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