Background
Kayla Bray filed a petition for custody and visitation against Austin Guillen on July 17, 2025. After seeking more time to serve Guillen, Bray received an October 22 order extending the deadline to complete service and file proof of service until December 15, 2025.
Bray filed another extension request on December 16, explaining that the sheriff’s office was having difficulty locating Guillen. The district court dismissed the action without prejudice that day. Although proof of service later showed Guillen was served on December 16, Bray did not seek reconsideration of the dismissal.
The Court’s Holding
The Iowa Court of Appeals affirmed. The court concluded that the October 22 order plainly set December 15—not December 17—as the deadline for service and proof of service, and Bray failed to meet it.
Bray also cited no relevant authority supporting her appellate claim, thereby forfeiting her legal argument. The court nevertheless addressed the merits and held that the untimely service and filing of proof justified dismissal without prejudice under Iowa Rules of Civil Procedure 1.302 and 1.305.
Key Takeaways
- A party must comply with a court-ordered deadline for service and proof of service.
- Self-represented litigants are held to the same procedural standards as represented parties.
- Failure to support an appellate argument with relevant authority may forfeit the claim.
Why It Matters
The decision underscores that an extension deadline is enforceable as written, even when a litigant mistakenly understands it to be a different date. Service completed after the deadline did not cure the failure to timely serve and file proof of service.
Because the dismissal was without prejudice, the ruling did not resolve the underlying custody merits, but it confirms the importance of promptly seeking relief before a service deadline expires.