IN THE COURT OF APPEALS OF IOWA No. 22

- 0636 Filed June 21, 2023

DREW WILSHIRE - GERDES and W.A.W.G., a minor, as his next friend , Plaintiff

- Appell ant ,
vs. MICHAEL SHAWN FRANCIS and CHERI FRANCIS , Defendant s - Appell ees

.

________________________________________________________________ Appeal from the Iowa District Court for Woodbury County, Zachary Hindman , Judge.

A father appeals the district court ’ s dismissal of his petition for a domestic

abuse protective order filed on behalf of his minor son. AFFIRMED.

Drew Wilshire

- Gerdes , Newton , self

- represented appellant. T. Cody Farrens of Vriezelaar, Tigges, Edgington, Bottaro, Boden & Lessmann, L.L.P., Sioux City, for appellees (until withdrawal), and Michael Shawn Francis and Cheri Francis , Sioux City , self

- represented appellee s

.

Considered by Chicchelly, P.J. , Buller, J., and Potterfield, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2023 ).2

CHICCHELLY , Presiding Judge
. In February 2022, Drew Wilshire

- Gerdes filed a petition for a protective order under Iowa Code chapter 236 (2022) on behalf of his unemancipated minor son, W.A.W.G. He sought relief from domestic abuse that W.A.W.G. was allegedly subjected to by his maternal step
- grandfather Michael Shawn Francis and maternal grandmother C heri Francis. In March, the district court granted the defendants ’ motion t o dismiss the petition, reasoning the parties do not meet the definition required to sustain the relationship required for a chapter 236 protective order. The district court denied Wilshire

- Gerdes ’ s subsequent motions to reconsider and clarify , where he a rgued the court should have recast his petition rather than dismiss it . Our supreme court issued an order that Wilshire

- Gerdes ’ s petition for writ of certiorari should be treated as a timely notice of appeal and transferred the case to us. 1 We rev iew the district court ’ s ruling on a motion to dismiss for correction of errors at law. D.M.H. by Hefel v. Thompson , 577 N.W.2d 643, 644 (Iowa 1998). On appeal, Wilshire

- Gerdes does not challenge the district court ’ s conclusion that his minor son ’ s relations hip with the defendants does not satisfy the requirements of chapter 236. Rather, he reasserts the allegation advanced in his mot ions to reconsider and clarify. Wilshire

- Gerdes contends the district court erred by failing to transfer his matter to the “ p roper proceedings ” or “ proper docket ” under Iowa Code section 611.7. Section 611.7 provides: “ An error of the plaintiff as to the kind of proceedings adopted shall not cause the abatement or dismissal

1 The appellees did not file a brief in defense of the district court’s order.3

of the action, but merely a change into the proper pro ceedings, and a transfer to the proper docket. ” Wilshire

- Gerdes does not identify what he believes the “ proper proceedings ” or “ proper docket ” are for his petition, and his request that we find a better grounding for his claim reveals a misunderstanding a s to the statute ’ s function. Iowa courts are not permitted to take sides and engage in advocacy on a party ’ s behalf. See Hyler v. Garner , 548 N.W.2d 864, 876 (Iowa 1996) ( “ [W]e will not speculate on the arguments [the parties] might have made and then se arch for legal authority and comb the record for facts to support such arguments. ” ) ; Inghram v. Dairyland Mut. Ins. Co. , 215 N.W.2d 239, 240 (Iowa 1974) ( “ To reach the merits of this case would require us to assume a partisan role and undertake the appellant ’ s research and advocacy. This role is one we refuse to assume. ” ). Instead, s ection 611.7 refers to the court ’ s authority to transfer cases to the proper docket as it relates to whether the case is tried at law or in equity. See , e.g. , Claeys v. Moldenschardt , 169 N.W.2d 885, 889 (Iowa 1969) (citing section 611.7 as the authority for a motion to transfer a case to the proper docket as between petitions designated in equity and actions cognizable at law). Wilshire

Gerdes offers no reason to bel ieve the distinction between ca ses tried at law or in equity i s relevant to the dismissal of his petition

. See A.N. v. J.G. , No. 19

- 0634, 2020 WL 2061881 , at *2 (Iowa Ct. App. April 29, 2020) (observing , in analysis of chapter 236A, that there are cases h olding proceedings brought pursuant to chapter 236 are actions at law and there are other cases holding such proceedings are actions in equity). Because we find no error at law in the district
court ’ s denial of Wilshire

- Gerdes ’ s request to recast his peti tion, we affirm. AFFIRMED.