Filed Jul 03, 2019
View Opinion No. 18-1108
View Summary for Case No. 18-1108
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and May, JJ. Opinion by May, J. (3 pages)
A petitioner appeals the denial of his petition to modify the custodial provisions of a dissolution decree. OPINION HOLDS: The custodial provisions should not be modified because petitioner failed to show he could provide the child at issue with superior care.
Filed Jul 03, 2019
View Opinion No. 18-1188
View Summary for Case No. 18-1188
Appeal from the Iowa District Court for Calhoun County, Kurt L. Wilke, Judge. SENTENCE VACATED AND REMANDED FOR RESENTENCING. Considered by Potterfield, P.J., Doyle, J., and Gamble, S.J. Opinion by Gamble, S.J. (6 pages)
Brandon Ross appeals the sentence imposed following the revocation of three deferred judgments. Ross claims the sentencing court did not exercise its discretion in revoking deferred judgment and imposing prison sentences. OPINION HOLDS: The district court failed to exercise its sentencing discretion and, instead, applied a fixed sentencing policy. We vacate the sentencing order and remand for resentencing.
Filed Jul 03, 2019
View Opinion No. 18-1213
View Summary for Case No. 18-1213
Appeal from the Iowa District Court for Clarke County, Richard B. Clogg, Judge. AFFIRMED AND REMANDED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. Opinion by Mullins, P.J. (2 pages)
Matthew Timmons appeals the denial of his petition to modify the child- and spousal-support provisions of a dissolution-of-marriage decree and the award of attorney fees to Kari Timmons. OPINION HOLDS: We affirm without opinion pursuant to Iowa Rule of Appellate Procedure 6.1203(a). We remand the matter to the district court to determine the reasonable amount of appellate attorney fees to be paid by Matthew to Kari and to enter judgment against Matthew and in favor of Kari in that amount.
Filed Jul 03, 2019
View Opinion No. 18-1240
View Summary for Case No. 18-1240
Appeal from the Iowa District Court for Mills County, Jeffrey L. Larson, Judge. AFFIRMED IN PART AND REVERSED IN PART. Heard by Potterfield, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (11 pages)
Certified Materials, Inc. appeals the district court order granting JAR Farms, LTD a prescriptive easement over portions of its property. OPINION HOLDS: I. JAR Farms failed to establish by clear and convincing evidence that express notice was given of any claim of right to any portion of the land now owned by Certified Materials. Because the lack of this requisite element is fatal to JAR Farms’s claim to a prescriptive easement, we reverse the district court on this issue. II. We reject the claim that JAR Farms sought a temporary injunction in bad faith and, therefore, affirm the district court on this issue. III. We decline to award appellate attorney fees.
Filed Jul 03, 2019
View Opinion No. 18-1258
View Summary for Case No. 18-1258
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. ORDER VACATED AND REMANDED. Considered by Vaitheswaran, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (4 pages)
Kevin Garvin appeals restitution-related orders following his criminal conviction. OPINION HOLDS: We vacate the court’s imposition of correctional fees against Garvin pending completion of a final restitution order and a subsequent assessment of his reasonable ability to pay. We remand the matter to the district court for receipt of a final restitution plan and a determination of Garvin’s reasonable ability to pay.
Filed Jul 03, 2019
View Opinion No. 18-1271
View Summary for Case No. 18-1271
Appeal from the Iowa District Court for Palo Alto County, Donald E. Courtney, Judge. AFFIRMED. Heard by Potterfield, P.J., and Doyle and May, JJ. Opinion by May, J. (6 pages)
Billy Joe Daubendiek, a/k/a Billy Joe Daubendeck, appeals a district court ruling concluding he has no interest in a trust created by W.H. Daubendiek’s will. OPINION HOLDS: Under the terms of the will, the beneficiaries of the trust are (1) the named beneficiaries and (2) their “lawful bodily issue.” Billy Joe is the adopted child of a named beneficiary. As a matter of law, the phrase “lawful bodily issue” only extends to biological children, not adopted children. Therefore, Billy Joe has no interest in the trust.
Filed Jul 03, 2019
View Opinion No. 18-1279
View Summary for Case No. 18-1279
Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. REVERSED AND REMANDED. Heard by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J., but decided by Vaitheswaran, P.J., Mahan, S.J., and Vogel, S.J. Opinion by Mahan, S.J. (8 pages)
Employers Mutual Casualty Company appeals from the ruling granting John H. Smith summary judgment in its breach-of-contract action. OPINION HOLDS: The district court erred in entering summary judgment for Smith because there is no identity of issues that would warrant the application of defensive issue preclusion. We reverse and remand for further proceedings.
Filed Jul 03, 2019
View Opinion No. 18-1283
View Summary for Case No. 18-1283
Appeal from the Iowa District Court for Tama County, Patrick R. Grady, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Bower, JJ. Opinion by Mullins, J. (5 pages)
Thomas Lopez appeals his conviction of possession of a controlled substance, third or subsequent offense, and the sentence imposed. He argues the district court erred in enhancing his sentence with a conviction for which he had not completed his sentence. OPINION HOLDS: We affirm Lopez’s conviction and sentence.
Filed Jul 03, 2019
View Opinion No. 18-1415
View Summary for Case No. 18-1415
Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge. AFFIRMED. Heard by Potterfield, P.J., and Doyle and Mullins, JJ. Opinion by Doyle, J. (10 pages)
Barbara Brechler appeals from the district court’s summary judgment rulings overruling her motion and sustaining the motion of Angela Chapman and Kristine Ford, her deceased husband Carl’s daughters. OPINION HOLDS: First, we find Barbara was a proper party to the proceeding because Barbara’s right to be Carl’s designated beneficiary of his retirement account was in dispute. Second, we agree with the district court that, under the terms of Carl and his ex-wife’s 2003 dissolution decree, to which Carl agreed, Carl’s daughters were to be named beneficiaries of the retirement account and therefore entitled to whatever funds, if any, remained in the account upon his death. Carl’s changing the account’s beneficiary designation to Barbara was in violation of that decree. Consequently, the district court did not error in its summary judgment rulings. We therefore affirm the district court’s ruling sustaining Carl’s daughters’ motion for summary judgment and overruling Barbara’s motion for summary judgment.
Filed Jul 03, 2019
View Opinion No. 18-1426
View Summary for Case No. 18-1426
Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. REVERSED AND REMANDED FOR RESENTENCING. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Tabor, J. (9 pages)
K’von Henderson appeals his second-degree robbery sentence, arguing he was entitled to the benefit of an ameliorative sentencing amendment because his conviction occurred after July 1, 2016, the application date set out in the statute. OPINION HOLDS: Because we agree Henderson was not convicted of second-degree robbery until the supreme court set aside his first-degree robbery conviction and remanded to the district court for resentencing and entry of judgment on second-degree robbery, we reverse and remand for resentencing.
Filed Jul 03, 2019
View Opinion No. 18-1468
View Summary for Case No. 18-1468
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and May, JJ. Opinion by Doyle, J. (10 pages)
Marie Rosonke appeals from the order modifying the decree dissolving her marriage to Brian Rosonke. OPINION HOLDS: I. We affirm the order modifying the child custody provisions of the parties’ dissolution decree to grant Brian physical care of the parties’ three children based on Marie’s move. Because a joint physical care arrangement was no longer feasible, the court had to select one parent as physical caretaker, and the evidence supports a finding that placing the children in Brian’s care, in the only community they have called home, is in the children’s best interests. II. The district court was not required to order the health insurance coverage offered through Marie’s employer as medical support because it does not meet the definition of “accessible” under Iowa Code 252E (2017). III. Because Marie has not met her burden of showing the judge had a personal bias or prejudice against her that stemmed from an extrajudicial source, we find no abuse of discretion in refusing to recuse himself. IV. We decline to award Marie appellate attorney fees.
Filed Jul 03, 2019
View Opinion No. 18-1655
View Summary for Case No. 18-1655
Appeal from the Iowa District Court for Polk County, David May, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. May, J., takes no part. Opinion by Vogel, S.J. (8 pages)
Alexa Anthony appeals from the district court orders granting motions to dismiss from both 60th Street III, L.C. (60th Street) and Professional Property Management, Inc. (PPM). She argues good cause existed to permit her additional time to serve 60th Street and her amended petition adding PPM as a defendant properly related back to her initial petition. OPINION HOLDS: Anthony has not shown good cause for failing to timely serve 60th Street and no state of facts exists under the petitions for PPM to know she intended to name them as defendant within the time to bring her claim. Therefore, we affirm the dismissals of both defendants.