July 2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Doyle, P.J., and Tabor and Mullins, JJ.  Opinion by Mullins, J.  (15 pages)

            Appellants appeal a district court order granting FBL Financial Group, Inc.’s motion to dismiss appellants’ civil petition at law forwarding claims of bad faith, interference with contract, and conspiracy or aiding and abetting bad faith.  OPINION HOLDS: We affirm the dismissal of the appellants’ bad-faith claims.  We reverse dismissal of the interference-with-contract claim.  We remand for further proceedings.

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Bower, JJ.  Opinion by Tabor, J.  (4 pages)

            The plaintiff in a legal malpractice suit appeals from a grant of summary judgment to the attorney.  He claims the district court erred in finding the dispositive issue of the underlying dispute was fully litigated, and approved by this court, and therefore barred his current claim through issue preclusion.  The plaintiff asserts his case meets an exception to issue preclusion.  OPINION HOLDS: We agree with the district court's detailed and well-reasoned opinion.  Accordingly, we affirm the order granting summary judgment under Iowa Court Rule 21.26(1)(d).

            Appeal from the Iowa District Court for Des Moines County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Potterfield, J.  (10 pages)

            Franklin Harris appeals the summary disposition of his actual innocence claim asserted in his third application for postconviction relief.  Harris argues the district court erred because there are genuine issues of material in fact that preclude the summary dismissal of his claim.  OPINION HOLDS: We find the district court carefully reviewed the record under the standards for summary disposition and correctly concluded summary disposition was proper.  We further find Harris has not met his burden to prove actual innocence by clear and convincing evidence.  We affirm the summary dismissal of Harris’s actual innocence claim.

            Appeal from the Iowa District Court for Scott County, Mary E. Howes, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (19 pages)

            Allen Diercks appeals the district court’s denial of his claim based on the alleged failure of the City of Bettendorf and City Attorney Kristine Stone to provide documents pursuant to Iowa Code chapter 22 (2017) (the Iowa Open Records Act).  OPINION HOLDS: Because the district court erred in concluding the records requested were not public records, we reverse and remand for further proceedings.  We leave it to the district court on remand to consider the City’s claims of privilege and that statutory exceptions to disclosure exist. 

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (3 pages)

            A petitioner appeals the denial of his petition to modify the custodial provisions of a dissolution decree.  OPINION HOLDS: The custodial provisions should not be modified because petitioner failed to show he could provide the child at issue with superior care.

            Appeal from the Iowa District Court for Calhoun County, Kurt L. Wilke, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Potterfield, P.J., Doyle, J., and Gamble, S.J.  Opinion by Gamble, S.J. (6 pages)

            Brandon Ross appeals the sentence imposed following the revocation of three deferred judgments.  Ross claims the sentencing court did not exercise its discretion in revoking deferred judgment and imposing prison sentences.  OPINION HOLDS: The district court failed to exercise its sentencing discretion and, instead, applied a fixed sentencing policy.  We vacate the sentencing order and remand for resentencing.

            Appeal from the Iowa District Court for Clarke County, Richard B. Clogg, Judge.  AFFIRMED AND REMANDED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  Opinion by Mullins, P.J.  (2 pages)

            Matthew Timmons appeals the denial of his petition to modify the child- and spousal-support provisions of a dissolution-of-marriage decree and the award of attorney fees to Kari Timmons.  OPINION HOLDS: We affirm without opinion pursuant to Iowa Rule of Appellate Procedure 6.1203(a).  We remand the matter to the district court to determine the reasonable amount of appellate attorney fees to be paid by Matthew to Kari and to enter judgment against Matthew and in favor of Kari in that amount.

            Appeal from the Iowa District Court for Mills County, Jeffrey L. Larson, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (11 pages)

            Certified Materials, Inc. appeals the district court order granting JAR Farms, LTD a prescriptive easement over portions of its property.  OPINION HOLDS: I. JAR Farms failed to establish by clear and convincing evidence that express notice was given of any claim of right to any portion of the land now owned by Certified Materials.  Because the lack of this requisite element is fatal to JAR Farms’s claim to a prescriptive easement, we reverse the district court on this issue.  II. We reject the claim that JAR Farms sought a temporary injunction in bad faith and, therefore, affirm the district court on this issue.  III. We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  ORDER VACATED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (4 pages)

Kevin Garvin appeals restitution-related orders following his criminal conviction.  OPINION HOLDS: We vacate the court’s imposition of correctional fees against Garvin pending completion of a final restitution order and a subsequent assessment of his reasonable ability to pay.  We remand the matter to the district court for receipt of a final restitution plan and a determination of Garvin’s reasonable ability to pay.

            Appeal from the Iowa District Court for Palo Alto County, Donald E. Courtney, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            Billy Joe Daubendiek, a/k/a Billy Joe Daubendeck, appeals a district court ruling concluding he has no interest in a trust created by W.H. Daubendiek’s will.  OPINION HOLDS:  Under the terms of the will, the beneficiaries of the trust are (1) the named beneficiaries and (2) their “lawful bodily issue.”  Billy Joe is the adopted child of a named beneficiary.  As a matter of law, the phrase “lawful bodily issue” only extends to biological children, not adopted children.  Therefore, Billy Joe has no interest in the trust.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  REVERSED AND REMANDED.  Heard by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J., but decided by Vaitheswaran, P.J., Mahan, S.J., and Vogel, S.J.  Opinion by Mahan, S.J.  (8 pages)

            Employers Mutual Casualty Company appeals from the ruling granting John H. Smith summary judgment in its breach-of-contract action.  OPINION HOLDS: The district court erred in entering summary judgment for Smith because there is no identity of issues that would warrant the application of defensive issue preclusion.  We reverse and remand for further proceedings.   

            Appeal from the Iowa District Court for Tama County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (5 pages)

            Thomas Lopez appeals his conviction of possession of a controlled substance, third or subsequent offense, and the sentence imposed.  He argues the district court erred in enhancing his sentence with a conviction for which he had not completed his sentence.  OPINION HOLDS: We affirm Lopez’s conviction and sentence.