March 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Sean McPartland, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (19 pages)

                David Wild appeals district court rulings granting summary judgment in favor of defendants on his claims of legal malpractice, breach of a business partner’s fiduciary duty, fraudulent misrepresentation, and equitable indemnity.  OPINION HOLDS: We affirm the denial of Wild’s motion for additional time to designate expert witnesses and the district court’s grant of summary judgment on all claims. 

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Tabor and Mullins, JJ.  Opinion by Mullins, J.  (12 pages)

            Merle Hay Mall (MHM) appeals a district court ruling finding an enforceable settlement agreement between MHM and Flix Brewhouse Iowa.  MHM claims the parties did not reach an agreement on the meaning of the contract terms in the settlement agreement, so no contract existed.  OPINION HOLDS: We find substantial evidence supports the district court’s conclusion an enforceable settlement agreement existed between the parties and affirm the district court.

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Gamble, S.J., takes no part.  Opinion by Vogel, C.J.  (10 pages)

            CRST Expedited, Inc. and AIG Insurance Co. (collectively, CRST) appeal the ruling by the district court reversing and remanding Richard Huff’s alternate-care decision of the Iowa Workers’ Compensation Commission.  CRST asserts the court erred in finding medical evidence is not required for an award of alternate care under Iowa Code section 85.27 (2017).  It further asserts Huff is not entitled to the specific appliances and services he seeks.  OPINION HOLDS: We agree with the district court that the lack of medical evidence is not a bright-line bar to an award of alternate-medical-care benefits.  However, the court’s determination that the specific appliances and services Huff requests are available to him relies on factual findings that must be made by the agency.  Because the agency used the wrong legal standard, the case must be remanded for the agency to make factual determinations, notwithstanding the lack of medical evidence to support his requests.

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            Mark Irland, M.D., appeals from the dismissal of his petition for judicial review, contending the district court erred in concluding it was without authority to review the Confidential Letter of Warning issued to him by the Iowa Board of Medicine.  OPINION HOLDS: Because nothing the Board “advised” has resulted in Board action, Irland has not been adversely affected by a final agency action.  The district court did not err in concluding it was without authority to review the Confidential Letter of Warning.  We affirm.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (14 pages)

            Tricia Dauterive appeals from a district court order on her motion for modification of her divorce decree with Christopher Dauterive.  She contends the district court erred in continuing the shared-care arrangement.  She also contends the district court wrongly ordered her to pay all of their minor child’s orthodontia expenses and miscalculated child support and the parties’ respective shares of unreimbursed medical expenses.  Finally, she contests the award of trial attorney fees.  OPINION HOLDS: Tricia did not show ending the shared-care arrangement would be in the child’s best interests, so we affirm that provision of the modification ruling.  But we reverse the order that Tricia is solely responsible for the child’s orthodontia, reverse the award of attorney fees, and remand for recalculation of child support and the parties’ obligations for unreimbursed medical expenses. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Scott, S.J.  Opinion by Vogel, C.J.  (3 pages)

            Franklin Harris appeals his convictions and sentence for operating while intoxicated, third offense, and driving while his license is revoked.  He asserts his trial counsel was ineffective for failing to object to the trial information, conduct proper discovery, and properly use plea negotiations.  OPINION HOLDS: The trial information adequately alerted Harris to the nature of the arresting officer’s expected testimony; therefore, his counsel was not ineffective for failing to object to the trial information.  We affirm his convictions and preserve his ineffective-assistance claims related to discovery and plea negotiations for possible postconviction relief.

            Appeal from the Iowa District Court for Madison County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Heard by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Potterfield, P.J.  (20 pages)

            Mary Sterner appeals from the decree dissolving her marriage to Robert Sterner Jr.  Mary challenges a number of provisions in the decree, including those involving spousal support; the division of farmland; setting aside Robert’s inheritance as non-marital; the determination Mary’s personal injury awards were marital property; the filing of their 2016 taxes; and Robert’s bonus and retirement contributions from 2017—the year of the dissolution.  Additionally, she asks for an award of appellate attorney fees.  Robs asks that we affirm the decree, deny Mary’s request for appellate attorney fees, and award him fees instead.  OPINION HOLDS: Because we agree with Mary that Robert should not be allowed to offset the entire amount of his inheritance, we adjust the equalization payment Robert owes to Mary to $55,323.  Additionally, we amend Robert’s monthly spousal-support obligation to $4000 until Mary reaches the age of sixty-five—unless she remarries or dies before that time.  We otherwise affirm the district court’s dissolution decree.  We decline to award either party appellate attorney fees. 

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESENTENCING.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (23 pages)

            Toby Richards appeals from judgment and sentences imposed upon his convictions for domestic abuse assault, third or subsequent offense; domestic abuse assault by strangulation; and possession of a firearm by a domestic violence offender.  He asserts the trial court erred in allowing bodycam video of the complaining witness under the excited-utterance exception to the hearsay rule.  He also contends the court abused its discretion in allowing evidence of his prior bad acts.  He argues there in insufficient evidence to sustain the convictions, the court erred in failing to give his requested instruction about expert-witness testimony, and his confrontation rights were violated.  Richards also challenges the sentences imposed.  OPINION HOLDS: We find no error in the admission of the bodycam video and no abuse of discretion as to admission of prior bad acts on the grounds asserted.  We find sufficient evidence to sustain the convictions of domestic abuse assault, third or subsequent offense, and domestic abuse assault by strangulation.  However, we find there is insufficient evidence of possession of a firearm to sustain that conviction.  The district court did not abuse its discretion in denying Richards’ proposed instruction as to expert-witness testimony.  Because we reverse the conviction on count 3, we remand for resentencing, at which time Richards may assert his request that he be allowed to serve his sentences for prior offenses concurrently with the sentences for the instant convictions.

            Appeal from the Iowa District Court for Muscatine County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            Michelle Brewer appeals her conviction for operating while intoxicated.  OPINION HOLDS: We find substantial evidence in the record supports her conviction.  We affirm Brewer’s conviction.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Tabor and McDonald, JJ.  Opinion by Potterfield, P.J.  (11 pages)

            C.M.-G., appeals the juvenile court’s termination of her parental rights to her biological child, Z.M., in a private termination action.  The juvenile court terminated C.M.-G.’s parental rights pursuant to Iowa Code section 600A.8(1) (2017), which allows the court to terminate when the parent signed a release of custody and the release has not been revoked.  C.M.-G maintains she revoked her release of custody within the ninety-six hours contemplated by Iowa Code section 600A.4(4).  Alternatively, she maintains the juvenile court should have allowed her to revoke the release after the ninety-six hours elapsed because she established good cause for the revocation.  She contends she demonstrated good cause because (1) the release was obtained by fraud, coercion, or misrepresentation of law or fact and (2) she did not understand the release at the time she signed it.  Finally, C.M.-G argues the court should not have granted the petition to terminate her parental rights because it is not in Z.M.’s best interests.  OPINION HOLDS: C.M.-G has not met her burden to prove she revoked her release of custody within the statutorily-prescribed window or that there was good cause to do so afterward.  Because her release of custody is not revoked and it is in the best interests of Z.M., we affirm the termination of C.M.-G.’s parental rights to the child.

            Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by McDonald, J.  (7 pages)

            Lonnie Richardson appeals his convictions for driving while barred, alleging his counsel provided ineffective assistance.  OPINION HOLDS: Counsel did not provide ineffective assistance by failing to ensure that Richardson’s waiver of his right to a jury trial was knowing, intelligent, and voluntary; failing to move for judgment of acquittal; or failing to assert a necessity defense.

            Appeal from the Iowa District Court for Butler County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Russell Newhall challenges the probate court’s ruling on his motion to enforce a settlement agreement with his sister Marcia Roll dividing property from their mother’s estate, arguing because he received the grain bins under the agreement, the grain inside the bins belonged to him.  OPINION HOLDS: Because the court properly applied contract principles in resolving the dispute, we affirm.