July 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            Alok Epari appeals the district court’s order modifying the physical care and visitation provisions of the decree dissolving his marriage with Renee Nelson, formerly Renee Epari.  OPINION HOLDS: We affirm the district court ruling granting Renee physical care of the children, and affirm as modified the visitation schedule. 

            Appeal from the Iowa District Court for Hancock County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Tabor, J.  (9 pages)

            William Arnold sued members of his family for tortious interference and undue influence resulting in him not receiving a bequest of the family farmland from his aunt and uncle.  The district court granted the defendants summary judgment.  William appeals.  OPINION HOLDS: Because the evidence William brings is no more than speculative about the influence the defendants may have had on the deceased, the grant of summary judgment was proper, and we affirm. 

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Tabor, JJ.  Opinion by Potterfield, P.J.  (10 pages)

            James Olsen appeals the district court’s award of alimony to Deora Olsen.  James Olsen argues the district court improperly calculated both his and Deora’s incomes and improperly awarded Deora alimony of $300 per month for five years and then $250 per month for another five years.  Deora Olsen requests appellate attorney fees.  OPINION HOLDS: We affirm the district court’s award of alimony and its calculation of James’s income.  We decline to award Deora appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (8 pages)

            Brandy Flemming-Jess appeals from an order modifying the child-support provisions of the decree dissolving her marriage to Matthew Flemming.  She argues Matthew is not entitled to a reduction of his child-support obligation because he voluntarily reduced his income.  OPINION HOLDS: Upon our de novo review, we agree modification is appropriate under the facts of this case and we affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            H.J. Heinz Company (Heinz) and its workers’ compensation insurance carrier appeal a district court ruling on Terry Tilton’s petition for judicial review of a determination of the workers’ compensation commissioner remanding the matter to the agency for further proceedings.  Heinz argues the district court erred in concluding the agency determination is unsupported by substantial evidence and was based upon an irrational, illogical, or wholly unjustifiable application of law to fact.  OPINION HOLDS: We find the agency determination that Tilton’s claim for benefits is barred by the application of Iowa Code section 85.23 (2015) was not the product of an irrational, illogical, or wholly unjustifiable application of law to fact.  We further find the agency determination of September 8, 2010 as the manifestation date is not supported by substantial evidence in the record.  We affirm in part and reverse in part the district court, and we remand the matter to the district court for the entry of an order to reverse the agency and remand for further proceedings consistent with this opinion.

            Appeal from the Iowa District Court for Floyd County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (3 pages)

            Tylan DeBeir appeals the denial of his application for postconviction relief (PCR) and alleges his PCR counsel provided ineffective assistance.  OPINION HOLDS: Our current record is insufficient to consider DeBeir’s ineffective-assistance claim.  We affirm the PCR court and preserve DeBeir’s claim for a possible future PCR proceeding.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            Hot Service, LLC and Hasan Omerdic appeal following a bench trial, alleging the trial court erred in its calculation of damages.  OPINION HOLDS: There is substantial evidence to support the trial court’s findings, and we discern no errors of law.

            Appeal from the Iowa District Court for Webster County, Thomas J. Bice, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (4 pages)

            Larry Hoover appeals the dismissal of his civil petition on untimely-service grounds, contending the court erred in concluding he did not establish good cause for the delay in service.  OPINION HOLDS: We affirm the dismissal of Hoover’s petition.

            Appeal from the Iowa District Court for Dallas County, Terry R. Rickers, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (9 pages)

            A father, Christopher Vesey, appeals the district court decision granting his former spouse Kelly's petition to modify their custody arrangement making her primary caregiver.  OPINION HOLDS: Because we find Kelly demonstrated a material and substantial change in circumstance not contemplated by the district court at the time of the original decree,  more or less permanent, in the best interest of the children, and she was better suited to continue taking care of the children's needs, we affirm the decision of the district court.

            Appeal from the Iowa District Court for Linn County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Mullins, P.J.  (2 pages)

            Appellants appeal an adverse summary-judgment ruling.  OPINION HOLDS: We conclude summary judgment was proper.  We affirm. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (4 pages)

            Ralph Hemesath appeals the district court order granting summary judgment for the defendants on his negligence claim.  OPINION HOLDS: There is insufficient evidence to allow a reasonable person to find the defendants acted negligently.  The defendants are thus entitled to summary judgment. 

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            John Dzian appeals from the district court’s pre-answer dismissal of his tort claim.  OPINION HOLDS: The district court did not err in granting the defendant’s pre-answer motion for dismissal when the Dzian failed to serve the defendant within ninety days and no good cause justified the delay.