2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.  Opinion by Doyle, J.  (3 pages)

            K.B. appeals the juvenile court order requiring him to register on the Iowa Sex Offender Registry.  OPINION HOLDS: The juvenile court properly exercised its discretion in declining to waive or suspend the registration requirement. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED AND REMANDED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (9 pages)

            Gilbert Eggers appeals from a district court order awarding physical care of his child to the child’s mother, Paten Proesch.  OPINION HOLDS: Because the district court ruled on and decided the physical care issue, we agree with Gilbert that the issue was properly preserved for appellate review.  Upon our de novo review of the record, we find the district court gave thorough reasons for why it determined it is in the child’s best interests to be placed in Paten’s physical care.  Considering all of the relevant factors and the court’s credibility findings, we agree with its determination.  Consequently, we affirm the court’s order placing physical care of the child with Paten.  And we agree with Paten that Gilbert failed to preserve his claim of constitutional error for appellate review because he did not raise the issue before the district court or file an Iowa Rule of Civil Procedure 1.904(2) motion to amend or enlarge the court’s ruling asking the court to address his claim of constitutional error.  We therefore do not address the issue.  Finally, we conclude Paten should be awarded attorney fees for having to defend herself here, and we remand to the district court to determine the amount of appellate attorney fees to be awarded to Paten.  Any costs on appeal are assessed to Gilbert.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (4 pages)

            A mother appeals from the decree of paternity, custody, visitation, and support.  OPINION HOLDS: On our de novo review, we affirm the award of joint physical care.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Scott, S.J.  Opinion by Scott, S.J.  (8 pages)

            An employer appeals the district court decision affirming the award of healing period benefits by the workers’ compensation commissioner.  OPINION HOLDS:  We find there is substantial evidence in the record to support a finding the employee came within the personal-vehicle exception to the coming-and-going rule and was not engaged in a deviation from the course of employment at the time of the accident.  We affirm the district court and the workers’ compensation commissioner.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (5 pages)

            The district court dismissed an Iowa corporation’s breach-of-contract claim because a forum selection clause in the contract designated the state or federal court in Virginia as the proper forum.  On appeal, the corporation challenges the clause’s enforceability.  OPINION HOLDS: We conclude the forum selection clause is enforceable and this Iowa action should be dismissed. 

            Appeal from the Iowa District Court for Page County, Amy L. Zacharias, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (11 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Pottawattamie County, Scott Strait, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to one child, challenging the statutory grounds for termination.  OPINION HOLDS: We conclude the State showed by clear and convincing evidence that the child cannot be returned to the mother’s custody at this time.  Accordingly, we affirm termination of her parental rights. 

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by Potterfield, P.J.  (9 pages)

            The guardian ad litem for A.W. and B.W., the minor children at issue, appeals the juvenile court’s denial of the petition to modify the dispositional order and dismissal of the children-in-need-of-assistance (CINA) adjudication.  OPINION HOLDS: We agree the CINA adjudications should not have been dismissed; we reverse the juvenile court’s ruling dismissing the CINA adjudications.  Additionally, though the State met the grounds for modification at the time of the hearing, we do not believe making a change now based on the facts and circumstances from several months ago is in the children’s best interests.  We remand for a hearing on the motion to modify the dispositional order; the juvenile court is to determine the appropriate placement of the children on the facts existing at the time of the new hearing.

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            J.B. appeals the juvenile court’s decision denying his request to intervene in child in need of assistance proceedings.  OPINION HOLDS: J.B. did not preserve error on his claims regarding discovery or the recusal of the judge.  We determine the juvenile court did not err in denying J.B.’s application to intervene.  We affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals a district court order terminating her parental rights to her child, born in 2016.  She contends (1) the record lacks clear and convincing evidence to support the grounds for termination cited by the court; (2) the department of human services did not make reasonable reunification efforts; and (3) termination is not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to her child.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Bower, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A mother appeals a district court order terminating her parental rights to her child, contending the record lacks clear and convincing evidence to support the grounds for termination cited by the court.  OPINION HOLDS: We conclude the State proved that the child cannot be returned to the mother’s custody as required by Iowa Code section 232.116(1)(h) (2018).  We affirm the juvenile court’s termination of her parental rights to the child.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (8 pages)

            A mother appeals the juvenile court’s order terminating her parental rights.  OPINION HOLDS: We conclude termination was proper under Iowa law and consistent with the child’s best interest.  We affirm.