Opinion
No. 11–2094.
2013-09-18
D.D., A.D., and David C. Roston, Plaintiffs–Appellants, v. DAVENPORT COMMUNITY SCHOOL DISTRICT and Julio Almanza, Superintendent, Defendants–Appellees.
Moreover, the supreme court's order stated, “[w]ithin ten days from the filing date of this order, the plaintiffs shall file a notice of appeal with the clerk of the district court if they desire to take an appeal from the ruling....” If the deadline to appeal was fixed by statute or rule, an extension to Monday, January 30, 2012, would exist pursuant to Iowa Code section 4.1(34) (“In computing time, the first day shall be excluded and the last included, unless the last falls on Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday.”). But this deadline was fixed by a court order not a statute or rule. See George v. Gander, 154 N.W.2d 76, 77–78 (Iowa 1967) (concluding section 4.1(34) did not apply to extend time for filing that was not prescribed by any statute or rule). Under these facts I do not agree that the appellant may use an extra day because the tenth day was a Sunday, and then also be entitled to toll the discretionary and limited extension by mailing the notice of appeal on the eleventh day. I would conclude the appellant has not timely appealed and dismiss for lack of jurisdiction.