2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (7 pages)

            J.S. appeals the termination of his parental rights to his minor child, S.S.  He argues he did not abandon S.S. under Iowa Code section 600A.8(3)(b) (2017) and termination is not in S.S.’s best interests.  OPINION HOLDS: Because the mother has shown by clear and convincing evidence the father abandoned the child and termination is in the child’s best interests we affirm the district court’s order terminating the father’s parental rights. 

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Bower, C.J., and Potterfield and Greer, JJ.  Opinion by Potterfield, J.  (10 pages)

            K.G. challenges the civil commitment order issues pursuant to Iowa Code chapter 229 (2018).  On appeal, K.G. argues (1) the State failed to meet its burden to prove by clear and convincing evidence that she was a danger to herself or others due to her mental illness; (2) the district court erred in not appropriately conducting a de novo hearing under Iowa Code section 229.21(3); and (3) the district court erred by taking judicial notice of two criminal complaints involving K.G. in violation of K.G.’s rights under the Fifth Amendment to the United States Constitution.  OPINION HOLDS: Sufficient evidence supports the district court’s determination that K.G. was likely to harm herself or others if released.  The district court did not err by taking judicial notice of the criminal complaints against K.G. 

            Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (3 pages)

            Eric Tedrow appeals from the decree dissolving his marriage to Kelly Tedrow.  He argues the district court erred in granting Kelly physical care of their child.  OPINION HOLDS: Following our de novo review, we conclude physical care was properly awarded to Kelly.  So we affirm the district court.  But we decline to award Kelly appellate attorney fees.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Rogelio Minjares Simental appeals the denial of his petition to modify the child custody provisions of the decree dissolving his marriage to Maria Socorro Minjares.  OPINION HOLDS: Because there has not been a substantial change in circumstances that was not within the contemplation of the court when it entered the dissolution decree, we affirm the denial of the petition to modify.  We award Maria her appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Antoine Grisson Jr. appeals his sentence for burglary in the third degree, arguing the district court based its sentence on improper factors and insufficient justifications.  OPINION HOLDS: The district court considered the parties’ sentencing recommendations—not rejected plea offers—as well as the facts of the case and the statutory sentencing factors when imposing the sentence.  Because the judge did not consider improper factors or abuse his discretion, we affirm Grisson’s sentence.

            Appeal from the Iowa District Court for Butler County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.  Opinion by Vaitheswaran, J.  (5 pages)

            Stacey Sherburne appeals the district court’s dismissal of his action against Ashton State Bank for lack of jurisdiction.  OPINION HOLDS: A finding of sufficient minimum contacts was the only basis for establishing jurisdiction over Ashton State Bank.  Because those contacts were absent, we discern no error in the district court’s dismissal of Sherburne’s lawsuit.

            Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            Eric Smith appeals from the district court order, which modified Eric’s visitation and denied Eric’s request for an award of physical care after the custodial parent moved to Arizona with the parties’ nine-year-old daughter.  OPINION HOLDS: On review of the entire record, we affirm the district court’s ruling.

            Appeal from the Iowa District Court for Washington County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights to her child, asserting she has been denied due process, there has been no showing that termination of parental rights is in the child’s best interests, and she should have been granted an additional six months to seek reunification.  OPINION HOLDS: On our de novo review, we affirm. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            A mother appeals the termination of her parental rights to one of her children, born in 2018.  She contends the State failed to prove the grounds for termination cited by the district court, termination was not in the child’s best interests, and the court should have declined to terminate her parental rights based on the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Johnson County, Deborah Farmer Minot, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Doyle, P.J.  (4 pages)

            A father appeals the juvenile court order waiving the requirement that the Iowa Department of Human Services make reasonable efforts to return his child to his care.  OPINION HOLDS:  The father could not care for the child after three years.  Extending the time to offer additional services will not correct the conditions that led to the child’s removal.  Because aggravated circumstances exist to warrant waiving the reasonable-efforts requirement, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (6 pages)

            Ravin, age twenty-two, appeals an order terminating her parental rights to H.B., her now three-year-old son.  She contends the State did not prove the statutory basis for termination and termination is not in H.B.’s best interests.  OPINION HOLDS: H.B.’s repeated removals are a heartbreaking reminder Ravin cannot overcome her addiction at the present time to provide her son with a safe home.  Termination of Ravin’s parental rights was proper under sections 232.116(1)(h) and 232.116(2) (2019).  We affirm. 

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Potterfield and Mullins, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights pursuant to Iowa Code section 232.116(1)(d), (h), and (i) (2019).  OPINION HOLDS: Although the mother and child share a bond, it is not in the child’s best interests to continue to wait for permanency.