2019 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (17 pages)

            Pella Corporation (Pella) appeals from the district court’s ruling affirming the decision of the Iowa workers’ compensation commissioner awarding benefits to Diana Winn.  Pella argues Winn’s petition for review-reopening was untimely and she was not entitled to permanent total disability benefits or penalty benefits.  OPINION HOLDS: We find the agency did not erroneously interpret the law, including our supreme court’s precedent; the review-reopening proceeding and the award of total permanent disability benefits have factual support; and the penalty benefits are authorized because Pella did not concurrently convey a reasonable basis to deny disability benefits.  Therefore, we affirm.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  Special Concurrence by Vaitheswaran, J.  (8 pages)

            A plaintiff appeals the grant of summary judgment on her claim the Iowa Board of Regents and five of its members violated the Iowa Open Meetings Act (IOMA).  OPINION HOLDS: There was no genuine issue of material fact, and no meeting within the meaning of the IOMA took place.  Because no meeting took place, IOMA was not violated and the grant of summary judgment was correct.  SPECIAL CONCURRENCE ASSERTS: In my view, the Iowa Supreme Court has recognized that serial submajority gatherings of public bodies may violate the Iowa Open Meetings Law.  I agree, however, that the gatherings in this case did not violate the Iowa Open Meetings Law.

            Appeal from the Iowa District Court for Dubuque County, Monica Wittig, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (9 pages)

            Lynette Heims appeals from the district court’s order terminating Brad Heims’s spousal support obligation and modifying the child-support order from their 2014 Illinois dissolution of marriage decree.  She argues a substantial change in circumstances has not occurred, continuing the spousal and child support orders is equitable, and the district court should have awarded her attorney fees.  Both parties request appellate attorney fees.  OPINION HOLDS: We agree with the court’s termination of spousal support and modification of child support.  We also find no decision on trial attorney fees to review, and we decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  AFFIRMED.  Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  (2 pages)

            John Mitchell appeals the summary dismissal of his application for postconviction relief.  OPINION HOLDS: Mitchell’s application in this action was filed nearly thirteen years after issuance of procedendo, which is well beyond the statute of limitations.  No disputed issue of fact would bring Mitchell’s claim within that limitation.  Summary dismissal was proper.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by McDonald, J.  Special Concurrence by Vaitheswaran, J.  (5 pages)

            The estate of Fanchon Jeffries appeals the district court’s grant of summary judgment in the appellee’s favor.  OPINION HOLDS: The district court was correct in granting summary judgment as to both breach of contract claims.  The estate failed to present the unjust enrichment claim in the district court and cannot assert the claim on appeal.  SPECIAL CONCURRENCE ASSERTS: I would conclude error was not preserved on a challenge to the merits, and I would affirm on statute-of-limitations grounds alone.

            Appeal from the Iowa District Court for Louisa County, Michael J. Schilling, Judge.  AFFIRMED.  Heard by Potterfield, J., Doyle, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (12 pages)

            Michael Cupps contends the district court erred in granting summary judgment because the employment application he signed is not a contract.  Alternatively, Cupps contends the exculpatory clause contained in the application is invalid because it does not certainly and unequivocally state the signer is waiving claims for negligence, or, even if the exculpatory clause is valid, Cupps’s injury was not a “work-related injury” within the meaning of the contract.  OPINION HOLDS: Because we conclude a binding contract existed between the parties, the exculpatory clause clearly and unequivocally alerts the casual reader the signer is waiving any claim for damage, and the injury was work-related, we affirm.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Potterfield, P.J.  (7 pages)

            Robin Inman appeals from her conviction for burglary in the first degree.  She maintains there is insufficient evidence to support her conviction, arguing there was not substantial evidence to support the jury’s finding (1) she had the intent to commit an assault or theft at the time she entered the occupied structure or (2) she inflicted bodily injury while “in or upon” the occupied structure.  OPINION HOLDS: Because substantial evidence supports the jury’s finding that Inman entered the home with the intent to commit a theft, we affirm Inman’s conviction for burglary in the first degree.  Her claim there was insufficient evidence to support a finding she committed an assault “in or upon” the structure is not preserved for our review, and we cannot consider her alternative ineffective-assistance claim; we preserve it for a postconviction-relief action.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Scott, S.J.  Opinion by Doyle, J.  (4 pages)

            Jaysen McCleary appeals the dismissal of an application for contempt.  OPINION HOLDS: McCleary failed to meet the requirements for holding nonparties to a protective order in contempt for violating the order.  Because the district court properly dismissed McCleary’s application, we affirm.

            Appeal from the Iowa District Court for Polk County, Odell G. McGhee II, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Mullins, J.  (6 pages)

            Donovan Edwards appeals his criminal conviction, contending the district court abused its discretion in denying his motion for a new trial because the jury verdict was contrary to the weight of the evidence.  OPINION HOLDS: We are unable to say the evidence preponderates heavily against the jury’s finding of guilt.  We therefore conclude the district court did not abuse its discretion in denying Edwards’s motion for a new trial on weight-of-the-evidence grounds.  We affirm Edwards’s conviction. 

            Appeal from the Iowa District Court for Buchanan County, George L. Stigler, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (7 pages)

            David Uchytil appeals his conviction for domestic abuse assault causing bodily injury, claiming trial counsel was ineffective for failing to seek recusal by the trial judge for “overintervention” in the parties’ presentation of the case.  OPINION HOLDS: Finding the record inadequate to resolve this allegation on direct appeal, we affirm Uchytil’s conviction but preserve his ineffective-assistance-of-counsel claim for possible postconviction-relief proceedings.

            Appeal from the Iowa District Court for Wapello County, Randy S. DeGeest, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Potterfield, P.J.  (7 pages)

            Terry Baker appeals from the modification of the spousal support provisions of the decree dissolving his marriage to Mary Baker.  OPINION HOLDS: Because we find the modification of spousal support is equitable and based upon substantial changes of circumstances, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Bradley J. Harris, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (7 pages)

            Connell Lamb appeals his sentences for child endangerment and domestic abuse assault causing bodily injury.  OPINION HOLDS:  We find the State breached the plea agreement in its sentencing recommendation and Lamb’s counsel was ineffective in failing to object to the breach.  We vacate Lamb’s sentences and remand for resentencing before another judge.