Uzma Amin vs. Iowa Department of Human Services

IN THE SUPREME COURT OF IOWA
No. 14–0399
Filed January 22, 2016
UZMA AMIN,
Appellant,
vs.
IOWA DEPARTMENT OF HUMAN SERVICES,
Appellee.
Appeal from the Iowa District Court for Polk County, Scott D.
Rosenberg, Judge.
A challenge to the timeliness of an appeal from a ruling and order
by the district court dismissing a case for lack of jurisdiction. APPEAL
DISMISSED.
Alfredo Parrish and Adam Witosky of Parrish Kruidenier Dunn
Boles Gribble & Gentry L.L.P., Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Barbara E.B. Galloway,
Assistant Attorney General, for appellee.

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PER CURIAM.
Uzma Amin’s petition for judicial review of an agency action was
dismissed by the district court for insufficient proof of service. The Iowa
Department of Human Services filed a motion to dismiss under Iowa
Code section 17A.19(2) (2013). An order sustaining a motion to dismiss
was e-filed on February 3, 2014. On February 4, the Electronic Data
Management System generated the electronic notice of the order, which
included the “Official File Stamp: 02-03-2014:15:16:29.” On March 6,
thirty-one days after the order was filed, Amin filed a notice of appeal,
which noted the order’s issuance on February 3. The Iowa Rules of
Appellate Procedure require a notice of appeal “be filed within 30 days
after the filing of the final order or judgment.” Iowa R. App. P.
6.101(1)(b). Based on our decision in Concerned Citizens of Southeast
Polk School District v. City Development Board, ___ N.W.2d ___, ___ (Iowa
2015), we find the notice of appeal in this case was untimely and,
therefore, dismiss the appeal.
APPEAL DISMISSED.
This opinion shall not be published.

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