August 2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Jasper County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Schumacher, J.  (9 pages)

            A father appeals from a dissolution decree, arguing the district court acted inequitably by declining to award shared physical care.  The father also alleges the district court abused its discretion by directing him to pay $7500 of the petitioner’s attorney fees.  OPINION HOLDS: We find the provisions of the dissolution decree pertaining to physical care to be in the minor child’s best interest.  However, we find the district court abused its discretion in awarding $7500 in attorney fees, as the amount awarded was over twice what petitioner testified was owed at the time of trial and the record lacks an attorney fee affidavit to the contrary.  Accordingly, we reduce the award of attorney fees.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Mullins, J. (2 pages)

            William Roland appeals district court orders granting applications for reimbursement of room and board fees.  He argues that because the sheriff’s department filed for reimbursement as a civil judgment, it should have filed a civil petition and the failure to do so violated his due process rights for failure of notice and an opportunity to be heard.  OPINION HOLDS: Civil petitions were not required, and the constitutional claim is not preserved for our review.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (4 pages)

            PeggySue McGee appeals the district court’s denial of her request for a civil domestic-abuse protective order.  OPINION HOLDS: We reverse and remand for further consideration by the district court.

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Justin Zobel appeals the dismissal of his postconviction-relief application.  He asserts a due process claim and contends he received ineffective assistance of counsel.  OPINION HOLDS: Zobel failed to preserve his due process claim and has not established his counsel breached an essential duty.  We affirm the dismissal of his application.

            Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (13 pages)

            A mother appeals from a district court order that transferred physical care of the minor child to the father.  OPINION HOLDS: Following entry of the divorce decree, the mother violated a provision of the decree by moving the minor child from the state.  After a finding of contempt, she moved again, and the record contains scant evidence of the conditions of her new residence and life.  In contrast, the father has remained in Cedar Rapids in stable housing and employment, and has respected the mother’s care provisions since entry of a contempt ruling.  We affirm the district court’s order transferring physical care to the father.

            Appeal from the Iowa District Court for Greene County, Dale E. Ruigh, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Vogel, S.J.  Opinion by May, P.J.  (8 pages)

            Jeremy Orfield appeals his conviction of indecent contact with a child.  OPINION HOLDS: The district court was right to overrule Orfield’s hearsay objection.  And ample evidence supports the jury’s verdict.  So we affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Jack Losee Jr. seeks postconviction relief (PCR) based on claimed ineffective assistance of counsel.  OPINION HOLDS: Even if we apply the tolling principles of Allison v. State, 914 N.W.2d 866 (Iowa 2018), Losee did not show his current PCR application properly relates back to a prior application within the allowable time.  Therefore, the district court was correct in dismissing Losee’s claims as being time-barred.

            Appeal from the Iowa District Court for Dickinson County, Charles K. Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            Jami Manwarren appeals the district court’s denial of his petition to modify the decree dissolving his marriage to Kolbie Manwarren.  On appeal, Jami (1) challenges the court’s denial of his request to modify the physical care provision of the dissolution decree; (2) contends the court should not have imputed income to him in calculating child support; and (3) contends the court abused its discretion in ordering the payment of trial attorney fees.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (11 pages)

            B.Z. appeals the district court’s ruling appointing her daughter as her guardian and conservator.  She asserts the district court erred in finding her decision-making capacity is so impaired that she is unable to care for her physical and financial health.  In addition, she asserts the district court erred by not considering whether third-party assistance was available to her.  OPINION HOLDS: We conclude there is substantial evidence to support the court’s decisions and that the court did not have to address third-party assistance in this circumstance.  For these reasons, we affirm.

            Certiorari to the Iowa District Court for Carroll County, Adria Kester, Judge.  WRIT ANNULLED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Bower, C.J.  (15 pages)

            R. Scott Rhinehart challenges the imposition of a sanction.  OPINION HOLDS: The district court did not abuse its discretion in finding Rhinehart violated Iowa Rule of Civil Procedure 1.413 and imposing a $5000 sanction.  We annul the writ.

            Appeal from the Iowa District Court for Winneshiek County, Linnea M.N. Nicol, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., May, J., and Vogel, S.J.  Opinion by May, J.  Dissent by Vogel, S.J.  (13 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We conclude the State failed to establish statutory grounds authorizing termination by clear and convincing evidence under Iowa Code section 232.116(1)(d) or (f) (2019).  DISSENT ASSERTS: I agree with the juvenile court and would affirm that the grounds for termination under section 232.116(1)(f) were satisfied. 

            Appeal from the Iowa District Court for Page County, Jennifer A. Benson, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Mullins, P.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A mother and father separately appeal the termination of their respective parental rights to two of their children.  OPINION HOLDS: The State established statutory grounds for termination because the children could not be safely returned to the parents.  Termination is in the children’s best interests.  The parent-child bonds are not strong enough to preclude termination.