August 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Plymouth County, Julie Schumacher, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Schumacher, J., takes no part.  Opinion by Mullins, J.  (4 pages)

            Noel Bender appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the summary disposition of Bender’s application for postconviction relief. 

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Doyle, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Doyle, P.J.  (5 pages)

            Tamora Morrise appeals the sentence imposed following her conviction of second-degree theft.  She contends the sentencing court improperly relied on uncharged and unproven conduct.  OPINION HOLDS: We conclude the district court relied on an improper factor during sentencing.  We vacate Morrise’s sentence and remand the case to the district court for resentencing before a different judge.   

            Appeal from the Iowa District Court for Webster County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by May, J.  Dissent by Vaitheswaran, P.J.  (10 pages)

            Larry Clement and Clement Auto & Truck, Inc. (Clement) appeal the district court’s ruling on an action against Grant Irwin and Irwin Auto Co. of Fort Dodge, LLC (Irwin) to collect payments owed under the parties’ agreement.  OPINION HOLDS: We affirm the district court’s judgment because Clement failed to demonstrate the district court erred in concluding interest was not owed.  DISSENT ASSERTS: I would conclude the bankruptcy resulted in a restructuring rather than a liquidation.  Accordingly, I would reverse and remand for entry of an order requiring Irwin to pay interest.  

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Doyle, J.  (8 pages)

            Mika Covington, Aiden Vasquez, and One Iowa, Inc. appeal the district court order dismissing their petition for declaratory judgment and denying their motion for injunctive relief.  OPINION HOLDS: I. Although a legislative amendment allows Medicaid providers to deny gender-affirming surgical procedures to transgender Iowans, nothing prohibits Medicaid providers from allowing such a claim.  Because any dispute regarding the denial of gender-affirming surgical procedures is speculative until a denial occurs, the matter is not ripe for adjudication.  II. Because the petitioners have an adequate remedy at law by means of administrative challenge, the district court did not abuse its discretion in denying their motion for temporary injunctive relief.  III. One Iowa lacks standing to bring the action.

            Appeal from the Iowa District Court for Clayton County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Mullins, J.  (5 pages)

            Dody Huinker appeals the modification of Kevin Huinker’s child support obligation as to their child.  OPINION HOLDS: We affirm the modification of Kevin’s obligation.

            Appeal from the Iowa District Court for Mills County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (10 pages)

            Christopher Irvin appeals his convictions for sexual abuse in the third degree and sexual exploitation by a school employee.  Irvin contests the sufficiency of the evidence and asserts the court erred by allowing State witnesses to improperly vouch for the victim’s credibility.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Buchanan County, Monica L. Zrinyi Wittig, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Greer, J.  (16 pages)

            The district court dissolved the twenty-seven year marriage of Jacquelyn and Joel Schultz.  On appeal, Joel appeals certain factual findings made by the district court and argues for an entitlement to spousal support.  Jacquelyn found the decree acceptable and asks that we affirm.  OPINION HOLDS: We modify the decree to award Joel spousal support of $2500 per month until he reaches age seventy.  After that date, the spousal support shall be reduced to $1500 per month until either party dies, in which case the support shall terminate.  We affirm the decree as modified.

            Appeal from the Iowa District Court for Marion County, Gregory A. Hulse, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by May, J.  (12 pages)

            In this medical negligence case, a doctor and hospital sought interlocutory review of an order denying their motions for summary judgment.  OPINION HOLDS: The district court erred in concluding the plaintiff established “good cause” for failing to timely designate his expert.  Therefore, Iowa Code section 668.11 (2017) prohibits the plaintiff’s expert from testifying.  And the parties agree the plaintiff cannot prevail without the expert’s testimony.  So defendants are entitled to summary judgment.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Plaintiffs in a personal-injury case appeal from a district court order granting a defendant’s motion to transfer venue from Polk County to Harrison County.  OPINION HOLDS: One of the two defendants was a resident of Polk County, and thus venue was proper in Polk County in this personal injury action, pursuant to Iowa Code section 616.18 (2019).  The district court lacked discretion to transfer venue to Harrison County, and we therefore reverse.

            Appeal from the Iowa District Court for Warren County, Terry Rickers, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Doe pseudonymously appeals from the denial of her motion to expunge a criminal case from 2011, which held two forgery charges.  The case was one of three different case numbers holding forgery charges that arose in 2010.  The State sought to consolidate the three cases into a single case number, and the court granted that motion, amending the trial information in a case holding four charges to reflect a total of seven charges.  OPINION HOLDS: Interpreting Iowa Code section 901C.2(1)(a)(1) (2019) in light of our supreme court’s decision 2017 doing the same, we hold that the “transfer” of Doe’s charges from the instant case to the transferee case resulted in those charges being “otherwise dismissed” from the instant case.  Therefore, we reverse the district court’s order holding a lack of formal dismissal in the instant case precluded the application of section 901C.2(1)(a)(1), and we remand with instructions to grant Doe’s motion.

            Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Plaintiffs appeal from the district court’s order granting summary judgment in favor of defendants on the plaintiffs’ negligence suit, contending the district court “erroneously considered foreseeability as a factor to determine duty.”  OPINION HOLDS: Because foreseeability was not removed from the equation, we reverse the summary judgment ruling and remand for further proceedings. 

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Matthew Farber appeals his convictions for operating while intoxicated, failure to maintain control, and failure to obey a traffic control device.  OPINION HOLDS: There is substantial evidence in the record to support the convictions.  We affirm the convictions.