2019 Archive | Court of Appeals Court Opinions

            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.

            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.