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Borchardt v. Iowa District Court In & For Kossuth County

Court of Appeal of Iowa

August 21, 2013

GINA L. BORCHARDT, f/k/a GINA L. ERPELDING, Plaintiff,
v.
IOWA DISTRICT COURT IN AND FOR KOSSUTH COUNTY, Defendant.

Certiorari to the Iowa District Court for Kossuth County, David A. Lester, Judge.

Gina Borchardt petitions for a writ of certiorari from the division of assets in her dissolution decree.

Jacqueline R. Conway of Heiny, McManigal, Duffy, Stambaugh & Anderson, P.L.C., Mason City, for plaintiff.

Eldon J. Winkel of Eldon J. Winkel Law Office, Algona, for defendant.

Considered by Eisenhauer, C.J., and Potterfield and Tabor, JJ.

POTTERFIELD, J.

Gina Borchardt petitions for a writ of certiorari from the division of assets in her dissolution decree after remand by this court. Our supreme court granted the petition and transferred the case to this court. No other party appeared or submitted a brief. We annul the writ, finding the district court properly complied with our instructions on remand.

I. Facts and proceedings.

This is the second time we have heard this case on appeal. We set forth the facts and relevant portions of our prior opinion here:

Gina and John were married in 1998. At the time of trial, Gina was age forty-one and John was age thirty-three, and each was in good mental and physical health. Gina had previously been married and had two children, who were ages nineteen and fourteen. She has physical care of the younger child and receives child support from his father. Gina and John also had two children, who were ages eleven and five.
At the time they were married, each party had a high school diploma and had worked in the farming and livestock industry. During their marriage, they purchased land and built two hog confinement facilities, which they referred to as the Murphy Site and the Christensen Site.
John ran the hog confinement facilities, farmed 160 acres, and had a manure hauling business. Gina quit her job as a farrowing supervisor, after which she helped with the parties' farming operations and cared for their children . . .
The court divided the marital assets and debts. The court set off $23, 263 to Gina, which she had inherited following the death of her father during the marriage. Each party was awarded the home the party currently occupied; John was awarded the two hog confinement facilities and the equipment and machinery; and each party was made responsible for the debts corresponding to the assets awarded to that party. In order to equalize the property distribution, John was to pay Gina a cash settlement in the amount of $348, 102, payable in semi-annual installments over a period of ten ...

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