2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED AS MODIFIED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Potterfield, P.J.  Special Concurrence by Greer, J.  (10 pages)

            Douglas Dalby appeals from the decree dissolving his marriage to Julie Dalby.  Douglas maintains the division of marital assets was inequitable and asks us to modify the equalization payment due to him from the amount of $31,331.55 to $112,770.24.  He also asks for an award of appellate attorney fees.  In response, Julie maintains the district court’s division was equitable and asks that we award her appellate attorney fees.  OPINION HOLDS: The district court’s division of marital assets was inequitable; we modify the equalization payment Julie owes to Douglas to the amount of $100,932.74.  We decline to award either party appellate attorney fees.  SPECIAL CONCURRENCE ASSERTS: I agree with modifying the decree to increase the equalization payment to Douglas, but I would then reduce the equalization payment by the full amount of the basement repair.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Bower, J.  (6 pages)

            Mathy Construction Company and Zurich American Insurance Company appeal an order to reimburse the cost of an independent medical examination in a workers’ compensation case.  OPINION HOLDS: We find the examination was reimbursable under Iowa Code section 85.39 (2017).

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (7 pages)

            The mother of four children adjudicated in need of assistance appeals from a permanency review order, claiming the juvenile court erred in ordering a six-month extension and continued removal of the children.  OPINION HOLDS: Upon our de novo review, we affirm the permanency order entered by the juvenile court.

            Appeal from the Iowa District Court for Audubon County, Amy L. Zacharias, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  Special concurrence by Potterfield, P.J.  (8 pages)

            A mother and father each appeal the juvenile court order terminating their parental rights.  OPINION HOLDS: As to the mother, we find there is clear and convincing evidence in the record to support termination of her parental rights, the State made reasonable efforts to reunite her with the child, and termination is in the child’s best interests.  For the father, we find there is sufficient evidence to warrant termination of his parental rights and the juvenile court properly declined to apply any exceptions to termination.  We affirm the decision of the juvenile court. SPECIAL CONCURRENCE ASSERTS: I agree with the majority; in this case, the incarcerated father did not explicitly raise a best-interests claim.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A father appeals the termination of his parental rights to one child.  OPINION HOLDS: Because the father has borderline intellectual functioning and cannot demonstrate an ability to care for the child, who has significant medical and cognitive impairments, the State showed she cannot be returned to the father at the present time, satisfying the statutory grounds.  It is in the child’s best interests to terminate the father’s parental rights and free her for adoption.  There is insufficient evidence of a bond to show terminating the relationship would be detrimental to her.  Finally, there is no evidence warranting an extension of time for the father.  We affirm. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Potterfield and Greer, JJ.  Opinion by Greer, J.  (12 pages)

            A mother and father appeal the termination of their parental rights to five minor children.  OPINION HOLDS:  We conclude the State established grounds for termination, termination was in the children’s best interests, no exceptions applied to prevent termination, and the Iowa Department of Human Services made reasonable efforts to reunite the parents with the children.  We affirm.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A father appeals the termination of his parental rights.  The juvenile court found he failed to maintain significant and meaningful contact with his seven-year-old son.  OPINION HOLDS: Our de novo review reveals inadequate proof that the father failed to maintain significant and meaningful contact with the child.  The father attended almost all the offered visitations, only missing for serious medical events.  During visits he did more than just show up: he engaged with his son, provided meals, clothing, and gifts, and had positive conversations.  He also completed substance-abuse treatment, showing a genuine effort to complete the responsibilities prescribed in the case permanency plan.  The State failed to prove the ground for termination, so we reverse the order and remand for further proceedings. 

            Appeal from the Iowa District Court for Montgomery County, Amy Zacharias, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (3 pages)

            A father appeals the termination of his parental rights under Iowa Code section 232.116(1)(e) and (f) (2019).  OPINION HOLDS:  We affirm the termination of the father’s parental rights. 

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., Greer, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (7 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: The mother waived her due process claim by not citing any authority in support of her argument.  We find the State engaged in reasonable efforts to reunite the mother with the child.  The juvenile court properly denied the mother’s requests to place the child in a guardianship and for an extension of time.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (5 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find the juvenile court properly denied the mother’s request to extend the case for an additional six months.  We also find termination of the mother’s parental rights is in the child’s best interests.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and May and Greer, JJ.  Opinion by Potterfield, P.J.  (6 pages)

            The father appeals the termination of his parental rights to his nine-year-old son.  The juvenile court terminated the father’s rights pursuant to Iowa Code section 232.116(1)(d), (e), and (f) (2018).  The father challenges the statutory grounds for termination, maintains the juvenile court should have applied a permissive factor to avoid termination, and argues an extension of time to work toward reunification is in the child’s best interests.  OPINION HOLDS: For all the reasons listed herein, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Parents separately appeal the termination of their parental rights to their respective children.  Both parents challenge the sufficiency of the evidence supporting the statutory ground for termination cited by the juvenile court and argue termination is not in the children’s best interests due to the closeness of the parent-child bonds.  OPINION HOLDS: We affirm the termination of both parents’ parental rights.