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IN THE COURT OF APPEALS OF IOWA No. 8-177 / 07-0970 Filed July 16, 2008

IN RE THE MARRIAGE OF CYNTHIA COLLINS EUBANK AND KEITH HAROLD EUBANK Upon the Petition of CYNTHIA COLLINS EUBANK, Petitioner-Appellee/Cross-Appellant, And Concerning KEITH HAROLD EUBANK, Respondent-Appellant/Cross-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Warren County, William H. Joy, Judge.

Keith Eubank appeals and Cynthia Eubank cross-appeals from the decree dissolving their marriage. AFFIRMED AS MODIFIED.

William W. Graham of Graham & Ervanian, P.C., Des Moines, for appellant. Leslie Babich and Kodi A. Petersen of Babich, Goldman, Cashatt & Renzo, P.C., Des Moines, for appellee.

Considered by Sackett, C.J., and Vogel and Vaitheswaran, JJ.

2 VOGEL, J. Keith Eubank appeals and Cynthia Eubank cross-appeals from the decree dissolving their marriage. We affirm as modified.1 I. Background Facts and Proceedings. Keith and Cynthia were married on May 26, 1989. At that time, Cynthia was forty and Keith was forty-nine. Each had been married previously and no children were born during this marriage. Cynthia entered the marriage with a master's degree in education and a bachelor of science degree in nursing. She completed a master's program in nursing in 1993 and is a member of the nursing department at Des Moines Area Community College, earning approximately $60,000 per year, with some additional side income. Keith had been a practicing doctor of veterinary medicine since 1968, and earned $190,470 in 2004 from his practice. On March 29, 2004, Cynthia filed a petition to dissolve the marriage. On the day prior to the scheduled trial, the attorneys notified the court that a settlement had been reached. However, Keith did not agree to the proposed settlement, prompting Cynthia to file an application to enforce the settlement. A six-day trial on that application and the dissolution petition commenced on May 4, 2005. The district court entered a ruling granting Cynthia's application to enforce the settlement, dissolving the marriage, and awarding her attorney fees. On appeal, this court reversed, concluding the district court erred in determining a binding settlement agreement had been reached by the parties. We therefore
1

This decision is rendered after granting Cynthia's petition for rehearing pursuant to Iowa Rule of Appellate Procedure 6.28. The original decision was filed on June 25, 2008.

3 remanded for "a full consideration of the issues presented and the entry of an appropriate decree based on the evidence previously presented at trial" . In re Marriage of Eubank, No. 05-1690 (Iowa Ct. App. Nov. 16, 2006). Upon remand, the court reviewed the court file, trial transcripts and exhibits, and entered a decree, dividing the parties' assets and liabilities, such that Cynthia's "adjusted net worth" was $559,956 and Keith's was $578,106. The court denied Cynthia's request for alimony, but awarded her attorney fees totaling $24,000. Keith appeals, contending the court erred in various economic provisions of the decree. Cynthia cross-appeals, claiming the court erred in

setting aside a $25,500 Corvette to Keith and in its failure to award an additional $26,000 of attorney fees. She also seeks attorney fees on appeal. II. Scope and Standards of Review. We review dissolution of marriage proceedings de novo. Iowa R. App. P. 6.4; In re Marriage of Smith, 573 N.W.2d 924, 926 (Iowa 1998). We examine the entire record and adjudicate rights anew on the issues properly presented. In re Marriage of Geil, 509 N.W.2d 738, 740 (Iowa 1993). Although we are not bound by the district court's factual findings, we give them weight, especially when assessing the credibility of witnesses. Iowa R. App. P. 6.14(6)(g). We review the district court's award of attorney fees for an abuse of discretion. In re Marriage of Witten, 672 N.W.2d 768, 773 (Iowa 2003). III. Property Distribution. Iowa law requires that marital property be divided "equitably between the parties," considering several factors. Iowa Code

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