July 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Bower, J.  (8 pages)

            Jonathan Parlee appeals the economic and spousal support provisions of the decree dissolving his marriage to Pamela Parlee.  Jon asserts the district court miscalculated the parties’ income, resulting in an inequitable spousal support award.  He also objects to the court’s valuations of property items, the property distribution, and the award of trial attorney fees.  Finally, he requests an award of appellate attorney fees.  OPINION HOLDS: The court carefully considered the parties’ positions and correctly applied the law.  On our de novo review, we find no failure to do equity and therefore affirm.  We deny his request for appellate attorney fees.

            Appeal from the Iowa District Court for Sioux County, Robert J. Dull, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J. (6 pages)

            Douglas Hutchison appeals from judgment and sentence entered following the denial of his motion to suppress and a trial on the minutes of evidence.  OPINION HOLDS: We conclude the district court erred in applying the community-caretaking exception to deny the motion to suppress.  We reverse the conviction and remand. 

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

            Matthew Weiler appeals the district court’s modification of the visitation provisions of the parties’ dissolution decree.  OPINION HOLDS: We find modification was appropriate.  We also affirm the award of Sherri’s trial attorney fees and award Sherri appellate attorney fees.

            Appeal from the Iowa District Court for Benton County, Barbara H. Liesveld, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (5 pages)

            The father appeals the termination of his parental rights in a private termination proceeding.  OPINION HOLDS: We conclude termination was proper under Iowa law and consistent with the child’s best interest.  Therefore, we affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J.  (3 pages)

            K.B. appeals the juvenile court order requiring him to register on the Iowa Sex Offender Registry.  OPINION HOLDS: The juvenile court properly exercised its discretion in declining to waive or suspend the registration requirement. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED AND REMANDED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (9 pages)

            Gilbert Eggers appeals from a district court order awarding physical care of his child to the child’s mother, Paten Proesch.  OPINION HOLDS: Because the district court ruled on and decided the physical care issue, we agree with Gilbert that the issue was properly preserved for appellate review.  Upon our de novo review of the record, we find the district court gave thorough reasons for why it determined it is in the child’s best interests to be placed in Paten’s physical care.  Considering all of the relevant factors and the court’s credibility findings, we agree with its determination.  Consequently, we affirm the court’s order placing physical care of the child with Paten.  And we agree with Paten that Gilbert failed to preserve his claim of constitutional error for appellate review because he did not raise the issue before the district court or file an Iowa Rule of Civil Procedure 1.904(2) motion to amend or enlarge the court’s ruling asking the court to address his claim of constitutional error.  We therefore do not address the issue.  Finally, we conclude Paten should be awarded attorney fees for having to defend herself here, and we remand to the district court to determine the amount of appellate attorney fees to be awarded to Paten.  Any costs on appeal are assessed to Gilbert.

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

            A mother appeals from the decree of paternity, custody, visitation, and support.  OPINION HOLDS: On our de novo review, we affirm the award of joint physical care.

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

            An employer appeals the district court decision affirming the award of healing period benefits by the workers’ compensation commissioner.  OPINION HOLDS:  We find there is substantial evidence in the record to support a finding the employee came within the personal-vehicle exception to the coming-and-going rule and was not engaged in a deviation from the course of employment at the time of the accident.  We affirm the district court and the workers’ compensation commissioner.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            The district court dismissed an Iowa corporation’s breach-of-contract claim because a forum selection clause in the contract designated the state or federal court in Virginia as the proper forum.  On appeal, the corporation challenges the clause’s enforceability.  OPINION HOLDS: We conclude the forum selection clause is enforceable and this Iowa action should be dismissed. 

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (11 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to one child, challenging the statutory grounds for termination.  OPINION HOLDS: We conclude the State showed by clear and convincing evidence that the child cannot be returned to the mother’s custody at this time.  Accordingly, we affirm termination of her parental rights. 

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by Potterfield, P.J.  (9 pages)

            The guardian ad litem for A.W. and B.W., the minor children at issue, appeals the juvenile court’s denial of the petition to modify the dispositional order and dismissal of the children-in-need-of-assistance (CINA) adjudication.  OPINION HOLDS: We agree the CINA adjudications should not have been dismissed; we reverse the juvenile court’s ruling dismissing the CINA adjudications.  Additionally, though the State met the grounds for modification at the time of the hearing, we do not believe making a change now based on the facts and circumstances from several months ago is in the children’s best interests.  We remand for a hearing on the motion to modify the dispositional order; the juvenile court is to determine the appropriate placement of the children on the facts existing at the time of the new hearing.