Smith v. Scarborough — Appeal dismissed over noncompliant appellate brief

Case
Avery L. Smith v. Triston L. Scarborough
Court
Iowa Court of Appeals
Judge
Ahlers, P.J.; Chicchelly, J.; Doyle, S.J.
Date Decided
October 7, 2026
Docket No.
25-1674
Topics
Appellate procedure; Custody; Default judgment; Pro se litigation
Source
Read the full opinion

Background

Avery Smith petitioned in March 2025 to establish custody, parenting time, and support. Triston Scarborough accepted service the next month but filed no answer or other response. Smith later filed a notice of intent to seek a default decree, and the district court set a default hearing and directed that notice be mailed to Scarborough’s last known address.

Scarborough did not appear at the hearing, and the district court entered a custody decree by default. He appealed, then filed motions in the district court seeking to set aside the default judgment and dismiss his appeal. The district court denied the set-aside motion because the notice of appeal had divested it of jurisdiction.

The Court’s Holding

The Iowa Court of Appeals dismissed Scarborough’s appeal because his appellate brief substantially failed to comply with the Iowa Rules of Appellate Procedure. The court identified deficiencies in the brief’s formatting, required contents, citations, record references, and issue presentation.

Most importantly, Scarborough’s argument section offered only conclusory assertions and did not develop his claim that he lacked notice of the default proceeding. The court declined to reach the merits because it would have had to assume a partisan role by researching and developing his arguments. His self-represented status did not excuse noncompliance. The court also declined Smith’s request for appellate attorney fees.

Key Takeaways

  • An appellate brief may warrant dismissal when pervasive rule violations prevent meaningful review.
  • A conclusory argument that does not develop the claim or supply required appellate analysis forfeits merits review.
  • Self-represented litigants must follow the same appellate procedural rules as represented parties.

Why It Matters

The decision underscores that appellate courts will enforce briefing requirements when defects obstruct efficient and fair review. Even where a party challenges a default custody decree, the court need not reach the underlying notice issue if the appellant fails to present a usable appellate argument.

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