2018 Archive | Court of Appeals Court Opinions

           Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Tabor, J.  (9 pages)

            Anthony Jones appeals the district court’s dismissal of his medical malpractice action against Great River Medical Center on statute-of-limitations grounds because Jones’s original electronic filing before expiration of the limitations period omitted counsel’s signature.  OPINION HOLDS: While we find Jones’s resubmission relates back to his original filing, Jones did not serve Great River within ninety days after filing the petition.  Jones did not show good cause for the delay. Accordingly, we affirm the district court’s dismissal.

            Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (11 pages)

            Dr. Donald Woodhouse appeals the economic provisions of the decree dissolving his marriage to Dr. Mary Lou Ernst-Woodhouse.  OPINION HOLDS: I. A. We modify the decree to set off $253,730 of the value of the Warren County farm to Mary Lou as inherited property and award each party $245,385 of the remaining value.  B. We decline to set off $90,000 of the Edward Jones account’s value to Donald as inherited property and affirm its award to Mary Lou.  C. To provide a more equitable division of the marital property, we modify the decree to order Mary Lou to make a $300,000 payment to Donald.  II. Because the visitation schedule set forth in the decree provides Donald with more than 167 overnight visits with the parties’ minor child, Donald is entitled to a credit for extraordinary visitation under Iowa Court Rule 9.9.  III. Donald failed to preserve error on his claim concerning Mary Lou’s overpayment of taxes.

           Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. (10 pages)

           Steve and Janelle Gustafson appeal the denial of a writ of certiorari of the decision by the county board of adjustment approving a building permit on a nonconforming lot.  OPINION HOLDS: The district court did not err in its denial of the writ of certiorari or in its ordinance interpretation.

           Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  Special concurrence by McDonald, J. (9 pages)

            Max Thorndike appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We find trial counsel was not ineffective, and therefore neither were appellate or PCR counsel.  We affirm the district court.  SPECIAL CONCURRENCE ASSERTS: I concur in the judgment on the ground the applicant failed to preserve error on his claim.

            Appeal from the Iowa District Court for Jones County, Chad A. Kepros and Paul D. Miller, Judges.  conviction affirmed and sentence vacated in part.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Kassaun Brown appeals his conviction and sentence after pleading guilty to one count of assault causing bodily injury.  OPINION HOLDS: I. We preserve Brown’s claim that the district court failed to substantially comply with the requirements of Iowa Rule of Criminal Procedure 2.8(2)(b) for postconviction relief because the record on direct appeal is insufficient.  II. We vacate the portion of Brown’s sentence imposing a criminal fine because the court assessed this amount as a civil penalty when it deferred judgment. 

           Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Mahan, S.J.  Opinion by Mahan, S.J. (6 pages)

           Austin Murray appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Because Murray seeks to challenge his special sentences, which are not yet in effect, the issue is not yet ripe for review, and summary dismissal was appropriate.

            Appeal from the Iowa District Court for Polk County, Eliza J. Ovrom, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (14 pages)

            Ronald Brinck appeals the dismissal of his petition for judicial review affirming the Workers’ Compensation Commissioner’s denial of his petition to review-reopen a prior action.  OPINION HOLDS: Substantial evidence by way of an expert’s reasonable opinion supports the agency’s determination that Brinck failed to establish his psychosis was proximately caused by his 2009 injury.  Moreover, the district court did not err in affirming the agency’s conclusion that, even if Brinck could establish causation, his claim is barred by res judicata because he could have litigated the issue at the time of his settlement but did not.  Accordingly, we affirm the district court’s ruling denying Brinck’s petition for judicial review.

            Appeal from the Iowa District Court for Adair County, Martha L. Mertz and Terry R. Rickers, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J.  (7 pages)

            Derek Ueligger appeals his sentences for two counts of vehicular homicide.  OPINION HOLDS:  Counsel’s failure to object to the admission of a victim impact statement not admissible under statute did not result in a different outcome of the sentencing proceeding, so no prejudice occurred.  We affirm.

           Appeal from the Iowa District Court for Cedar County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            Troy Worby appeals his sentence for animal neglect.  He alleges the district court imposed unlawful special terms and conditions of probation.  Additionally, he argues he was denied a meaningful right to allocution.  OPINION HOLDS: The special terms and conditions of his probation were lawful, and the court afforded Worby a meaningful allocution.

            Appeal from the Iowa District Court for Polk County, Paul Scott and Karen A. Romano, Judges.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by McDonald, J.  (6 pages)

            Saivon McGruder appeals his convictions of theft in the first and third degrees and robbery in the first degree.  McGruder claims the district court erred in denying his motion for substitute counsel.  OPINION HOLDS: McGruder waived his claim in regard to both theft convictions by pleading guilty to the theft charges and affirming his satisfaction with counsel during his plea.  McGruder did not provide any ground supporting appointment of new counsel in regard to the robbery charge.

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  (15 pages)

            Noah Jensen appeals from the decree dissolving his marriage to Elizabeth (Beth) Stulgies, which modified certain provisions contained in the parties’ separate maintenance decree.  Noah argues the district court acted improperly by treating the petition as a modification, finding a substantial change in circumstances, modifying the custody and care provisions to award joint legal custody and physical care to Beth, and ordering him to pay child support.  He also contends the district court should not have found Beth and her witnesses credible, failed to give proper weight to his expert witness, and decided the issues based on religious grounds.  OPINION HOLDS: We agree with the court’s treatment of the petition as a modification and its determinations of witness credibility, and we find the court did not improperly consider religion.  We also agree Beth showed a substantial change in circumstances warranting modification, and we agree with the court’s awards of joint legal custody, physical care, and child support.  Finally, we award appellate attorney fees to Beth.

            Appeal from the Iowa District Court for Sac County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  Special Concurrence by Danilson, C.J.  (9 pages).

In this will-contest action, Thomas Klein’s children, Kari Klein Borroel and Matthew Klein, argue the district court erred in granting the executor’s motion for summary judgment.  OPINION HOLDS: Because the witness’s deposition establishes the essential elements to formally execute a will, the district court did not err in granting summary judgment in favor of the estate.  SPECIAL CONCURRENCE ASSERTS: I conclude there is no credibility issue that must be determined by the jury.  The nonmoving party should not be able to avoid summary judgment by raising a credibility issue that does not exist. I agree the district court should be affirmed.