IN THE SUPREME COURT OF IOWA No. 17–1650 Linn County No. CVCV085106 ORDER CLERK OF SUPREME COURT

ROMOKE OLUTUNDE, Plaintiff-Appellant, vs. IOWA DEPTARTMENT OF HUMAN SERVICES, and CHARLES M. PALMER, DIRECTOR, Defendant-Appellee.

The court, McDonald, J., taking no part, being evenly divided, declares this case MAY 29, 2020

affirmed by operation of law. See Iowa Code § 602.4107 (2019).

Christensen, C.J., and Appel and Oxley, JJ., would affirm the district court decision that upheld the agency determination that the appellant committed dependent adult abuse; Waterman, Mansfield, and McDermott, JJ., would reverse. See State v. Effler, 769 N.W.2d ELECTRONICALLY FILED

880, 884 (Iowa 2009) (“[W]hen the supreme court is equally divided on an issue upon which the district court and court of appeals differ, the decision of the district court is affirmed by operation of law.”).

Copies to: James Robert Hinchliff 5015 Grand Ridge Drive Suite 100 West Des Moines, IA 50265

So Ordered

Electronically signed on 2020-05-29 08:00:50