Iowa Code » Chapter 602 — JUDICIAL BRANCH
Iowa Code

Iowa Code § 602.4107 (2026)

Divided court

✓ current as of July 2026
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When the supreme court is equally divided in opinion, the judgment of the court below shall stand affirmed, but the decision of the supreme court is of no further force or authority. Opinions may be filed in these cases. 83 Acts, ch 186, §5107, 10201

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602.4108 Attendance of sheriff of Polk county. The court may require the attendance and services of the sheriff of Polk county at any time. 83 Acts, ch 186, §5108, 10201\n\n PART 2 RULES OF PROCEDURE

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Notes of Decisions
Cited in 40 cases (11 in the last 5 years), 1988–2026 · leading case: State v. Effler, 769 N.W.2d 880 (Iowa 2009).
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State v. Effler, 769 N.W.2d 880 (Iowa 2009). · cites it 24× “" Iowa Code § 602.4107 (2009). Because the court of appeals reversed the district court, we are faced with contrary decisions by the lower courts.”
Myron Dennis Behm, Burton J. Brooks, Bobby Lee Langston, David Leon Brodsky, Jeffrey R. Olson, & Geoff Tate Smith v. City of Cedar Rapids & Gatso USA, Inc., 922 N.W.2d 524 (Iowa 2019). · cites it 8× “Three members of the court (Justices Waterman, Mansfield, and Zager) were of the opinion that the district court properly granted summary judgment on the issue.”
Joseph O. Dier v. Cassandra Jo Peters, 815 N.W.2d 1 (Iowa 2012). · cites it 4× “However, we deadlocked three-to-three and, thus, the district court’s grant of summary judgment was affirmed by operation of law in a nonprecedential order.”
Winckel v. Von Maur, Inc., 652 N.W.2d 453 (Iowa 2002). · cites it 6× “See Iowa Code § 602.4107 (when supreme court is equally divided the judgment on appeal is affirmed).”
State v. Keopasaeuth, 645 N.W.2d 637 (Iowa 2002). · cites it 2× “See Iowa Code § 602.4107 (when court is equally divided, judgment of the court below shall stand affirmed).”
Anderson v. State, 692 N.W.2d 360 (Iowa 2005). · cites it 2× “See Iowa *368 Code § 602.4107 (2003). [1] VI. Disposition. We agree with the district court that Mercado and Anderson are immune from liability under the discretionary function exception for failing to close the library due to the weather conditions.”
Garofalo v. Lambda Chi Alpha Fraternity, 616 N.W.2d 647 (Iowa 2000). · cites it 4× “See Iowa Code § 602.4107 (1999). We remand the case for further proceedings against the remaining defendant, Chad Diehl.”
Bauer v. Dann, 428 N.W.2d 658 (Iowa 1988). · cites it 4× “NOTES [1] Dismissal of Bauers' similar suit against Wayne Leisinger and Lois Leisinger, who also were alleged to have contributed to Dann's intoxication, was affirmed by this court on an equally divided vote, Iowa Code § 602.”
State v. Hovind, 431 N.W.2d 366 (Iowa 1988). “See Iowa Code 602.4107 (1987). We granted further review.”
State Of Iowa Vs. James Carson Effler (Iowa 2009). · cites it 12× “1 The Iowa Code provides: “When the supreme court is equally divided in opinion, the judgment of the court below shall stand affirmed, but the decision of the supreme court is of no further force or authority.”
Planned Parenthood of the Heartland, Inc., Emma Goldman Clinic, & Jill Meadows v. Kim Reynolds, ex rel. State of Iowa, & Iowa Bd. of Med. (Iowa 2023). · cites it 6× “See Iowa Code § 602.4107 (2022). The district court’s (Gogerty, J.”
Linda K. Juckette v. Iowa Utils. Bd. & MidAmerican Energy Co. & Off. of Consum. Advocate (Iowa 2023). · cites it 4× “Iowa Code § 602.4107 ; State v. Effler, 769 N.”
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