Opinion
No. 5-717 / 05-0546
Filed November 23, 2005
Appeal from the Iowa District Court for Woodbury County, Dewie J. Gaul, Judge.
The respondent appeals from the district court's denial to set aside a default judgment and vacate the dissolution decree. AFFIRMED.
David L. Reinschmidt and Colby M. Lessmann of Munger, Reinschmidt Denne, L.L.P., Sioux City, for appellant.
Stephen Doohen of Whitfield Eddy, P.L.C., Des Moines, and Elizabeth Row, Sioux City, for appellee.
Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ.
Kimberly Espinoza appeals from the district court's denial of her motion to set aside a default judgment and vacate the decree dissolving her marriage to Robert Espinoza. On appeal, Kimberly alleges "good cause" exists pursuant to Iowa Rule of Civil Procedure 1.977 to set aside the default judgment entered against her. Our review on a motion to set aside a default judgment is for errors of law, and we will only reverse if there is an abuse of discretion. Brandenburg v. Feterl Mfg. Co. , 603 N.W.2d 580, 585 (Iowa 1999) (citations omitted).
The district court found that all children born of this marriage had attained the age of majority.
The record demonstrates that Kimberly consciously chose to disregard notices of proceedings in the dissolution action and failed to respond to the following: (1) the Original Notice and the Petition for Dissolution of Marriage, served on her on September 15, 2004; (2) the Notice of Intent to File Written Application for Default, served on her October 15, 2004; (3) the Application for Entry of Default Judgment, served on her on October 26, 2005; (4) the order on default, mailed to her on November 24, 2004; and (5) the Decree of Dissolution of Marriage (default), mailed to her on December 21, 2004. Her attorney appeared for her at a hearing on her Motion to Set Aside Default on March 7, 2005. The good cause for failing to respond before entry of default asserted by Kimberly on appeal is that she was following the tenets of her religious faith, in hopes of a healing of the marriage.
The Iowa Rules of Civil Procedure apply to all within the jurisdiction of the court, providing good cause as "for mistake, inadvertence, surprise, excusable neglect or unavoidable casualty." Iowa R. Civ. P. 1.977. Kimberly offered no "good cause" to deviate from the rules. See Central National Ins. Co. v. Insurance Co. of N. Am., 513 N.W.2d 750, 754 (Iowa 1994) (stating that good cause is established only if the movant proves one of the grounds in the rule). The district court did not abuse its discretion in refusing to set aside the default judgment.