2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Bremer County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (8 pages)

            A husband appeals the district court’s refusal to set aside a default decree dissolving his marriage.  He contends his wife and her attorney misled him about the purpose of their meeting and claims he did not receive notice of the proceedings.  OPINION HOLDS: Deferring to the strong credibility findings of the district court, we find the husband’s excuses for defaulting do not support setting aside the default judgment.  We affirm. 

            Appeal from the Iowa District Court for Marshall County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (11 pages)

            Jorge Sanchez appeals the district court order denying his petition for an injunction of the enforcement of the forfeiture of a real estate installment contract.  OPINION HOLDS: We find the notice of forfeiture was sufficient and affirm the district court’s denial of injunctive relief.  We also find the court did not err in finding RR&A did not waive its right to interest on untimely payments.  Finally, we affirm the district court’s denial of additional time to cure the default. 

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J.  (9 pages)

            Parents appeal the termination of their parental rights to their three minor children.  The district court terminated their parental rights under Iowa Code section 600A.8(3)(b) (2018).  OPINION HOLDS: We conclude clear and convincing evidence supports the district court’s determination that the parents abandoned the children under Iowa Code section 600A.8(3)(b).  We further conclude termination of the parent’s parental rights is in the children’s best interest.  We affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and Tabor, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            Brett Sullivan challenges the district court’s ruling on judicial review affirming the Workers’ Compensation Commissioner’s determination Sullivan does not have a mental-health condition that was caused by his 2011 workplace injury.  OPINION HOLDS: Because we agree with the district court’s conclusion that substantial evidence support the commissioner’s determination, we affirm.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J.  (7 pages)

            Steven Lyon appeals from the district court’s modification of his and Lori Lyon’s previously modified dissolution decree.  He asks us to affirm the district court’s change of the holiday schedule but otherwise argues the court should have changed the parenting-time schedule to give him even more time with the parties’ child, C.L.  In response, Lori asks that we affirm the district court’s modification and award her $2500 in appellate attorney fees.  OPINION HOLDS: For the reasons stated herein, we affirm the district court’s ruling on Steven’s petition for modification and decline Lori’s request for appellate attorney fees. 

            Appeal from the Iowa District Court for Wayne County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J. (6 pages)

            Justin Shields appeals the district court’s denial of his motion to suppress preceding his conviction of operating while intoxicated.  OPINION HOLDS: We affirm the district court’s denial of Shields’s motion to suppress.

            Appeal from the Iowa District Court for Appanoose County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J.  (8 pages)

            A father appeals the termination of his parental rights to his child.  The district court terminated his parental rights under Iowa Code section 600A.8(3)(b) (2018).  On appeal, the father argues the termination of his parental rights is supported by insufficient evidence.  OPINION HOLDS:  The mother proved the father abandoned the child by clear and convincing evidence.  It is in the child’s best interest to terminate the father’s parental rights.  We affirm.

            Appeal from the Iowa District Court for Scott County, John D. Telleen, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Kristen Grchan appeals from the decree dissolving her marriage to Michael Grchan, contending the parties’ children should have been placed in her physical care rather than shared physical care.  OPINION HOLDS: On our de novo review, we conclude the district court acted equitably in granting the parents joint physical care of the children. 

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer (motion to suppress) and Karen Kaufman Salic (sentencing), District Associate Judges.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Mullins, J. (6 pages)

            Dale Cheney Jr. appeals the district court’s denial of his motion to suppress and the sentence imposed upon his conviction of operating while intoxicated, second offense.  OPINION HOLDS: We affirm the district court’s denial of Cheney’s motion to suppress and the sentence imposed.   

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.   Opinion by Potterfield, P.J.  (6 pages)

            J.E. challenges the district court’s order of continued involuntary inpatient commitment.  J.E. maintains there is insufficient evidence to support the determination he is a present danger to himself or others and requires continued placement in an alternative care facility.  OPINION HOLDS: J.E. is not able to satisfy his essential needs without assistance.  Because sufficient evidence supports the district court’s order of continued involuntary inpatient commitment, we affirm.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  REVERSED AND REMANDED.  Considered by Potterfield, P.J., Greer, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            The Iowa Board of Regents (Board) appeals the district court order reversing its decision to expel a student for academic misconduct.  OPINION HOLDS:  The Board’s decision is supported by substantial evidence.  We reverse the district court’s decision and remand for an order affirming the Board’s decision.

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Potterfield, P.J., Greer, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (8 pages)

            A mother appeals the juvenile court’s permanency order and decision terminating her parental rights.  OPINION HOLDS: We find the State engaged in reasonable efforts to reunite the mother with her children and termination of the mother’s parental rights is in the children’s best interests.  We affirm the decision of the juvenile court.