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IN THE COURT OF APPEALS OF IOWA No. 9-927 / 09-0406 Filed December 30, 2009 IN THE MATTER OF R.S., Alleged to be Seriously Mentally Impaired, R.S., Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.

R.S. appeals asserting the district court erred in finding that he is seriously mentally impaired. DIRECTION. CONDITIONALLY AFFIRMED AND REMANDED WITH

James Ellefson, Marshalltown, for appellant. Jennifer Miller, County Attorney, and Joshua Vander Ploeg, Assistant County Attorney, for appellee.

Considered by Vogel, P.J., and Doyle and Mansfield, JJ.

2 VOGEL, P.J. R.S. appeals asserting the district court's finding that he is seriously mentally impaired is not supported by substantial evidence, nor he claims, did the court recite and therefore perhaps did not apply the correct standard of proof by clear and convincing evidence.1 We conditionally affirm, but remand for further proceedings. We quote our well-established standard of review from In Interest of J.P., 574 N.W.2d 340, 342 (Iowa 1998): An involuntary commitment proceeding is a special action triable to the court as an ordinary action at law. In re Oseing, 296 N.W.2d 797, 800-01 (Iowa 1980). Because an involuntary commitment proceeding is an ordinary action at law, we review challenges to the sufficiency of the evidence for errors at law. Iowa R. App. P. [6.907]. The allegations made in the application for involuntary commitment must be supported by clear and convincing evidence. Iowa Code

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