Filed Feb 19, 2020
View Opinion No. 19-0224
View Summary for Case No. 19-0224
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED AS MODIFIED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (7 pages)
The former wife appeals the alimony award of one dollar in the decree dissolving her marriage. She contends the district court erred in giving her a placeholder award on the belief she can file a modification after the award of child support terminates due to the children reaching the age of majority. OPINION HOLDS: In the future, the wife would be unable to show that the termination of child support qualified as a change in circumstances outside the contemplation of the court issuing the dissolution decree. So we find it equitable to modify the decree now to order spousal support to commence at that time. The decree is affirmed as modified.
Filed Feb 19, 2020
View Opinion No. 19-0260
View Summary for Case No. 19-0260
Appeal from the Iowa District Court for Polk County, David May, Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. May, J., takes no part. Opinion by Doyle, P.J. (9 pages)
Defendant beneficiaries, individually and in their capacity as co-trustees of their parents’ trust, appeal the district court’s ruling denying their motion for summary judgment against their plaintiff brother, Shawn Shelton. OPINION HOLDS: Because Shawn failed to commence his action within one year of his mother’s death, his claim is barred under Iowa Code section 633A.3108 (2017). The district court erred in denying the Defendants’ motion for summary judgment on this issue. So we reverse the district court’s summary judgment ruling and remand to the district court for entry of summary judgment for the Defendants.
Filed Feb 19, 2020
View Opinion No. 19-0528
View Summary for Case No. 19-0528
Appeal from the Iowa District Court for Wapello County, Lucy J. Gamon, Judge. AFFIRMED AS MODIFIED AND REMANDED. Heard by Tabor, P.J., and Greer and Ahlers, JJ. Opinion by Greer, J. Partial Dissent by Ahlers, J. (15 pages)
Consuela Brown appeals the district court order imposing a child support obligation on Steven Roquet. Consuela argues the court should not have reduced his past child support obligation based on a personal injury settlement the child received, the court should have assessed a higher interest rate on the past payments, and the court should award her appellate attorney fees. OPINION HOLDS: We agree that the district court should not have reduced the back child support award by half of the amount of the settlement. We conclude the court should have imposed a ten percent interest rate, but this rate applies only if Steven is over thirty days behind on a child support payment. Steven shall be responsible for Consuela’s’ appellate attorney fees. We remand for entry of an order consistent with our opinion. PARTIAL CONCURRENCE, PARTIAL DISSENT ASSERTS: Upon review of the circumstances of this case, without being bound to the model used by the district court, I find no error in the amount of back child support awarded by the district court. Because I would affirm on that issue, I also dissent with regard to awarding the mother appellate attorney fees. I concur in the decision reached on the issue of the interest rate to be used on the back child support award.
Filed Feb 19, 2020
View Opinion No. 19-0567
View Summary for Case No. 19-0567
Appeal from the Iowa District Court for Johnson County, Sean W. McPartland, Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (13 pages)
An inmate appeals from a ruling finding him seriously mentally impaired and imposing involuntary commitment. He argues the State provided insufficient evidence to meet its burden. OPINION HOLDS: Clear and convincing evidence supports the district court’s findings pursuant to Iowa Code chapter 229 (2019).
Filed Feb 19, 2020
View Opinion No. 19-0604
View Summary for Case No. 19-0604
Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Schumacher, J. (6 pages)
Charles Eberle appeals his sentences for operating while intoxicated and two counts of possession of a controlled substance, claiming the district court did not give sufficient reasons for his sentence. OPINION HOLDS: We conclude the sentencing order was sufficient, and we affirm the decision of the district court.
Filed Feb 19, 2020
View Opinion No. 19-0697
View Summary for Case No. 19-0697
Appeal from the Iowa District Court for Scott County, Mark D. Cleve, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (6 pages)
Zebediah Goldston appeals a final domestic abuse protective order issued pursuant to Iowa Code chapter 236 (2019). OPINION HOLDS: Because we find Valerie Goldston sufficiently established an incident of domestic abuse assault, we affirm.
Filed Feb 19, 2020
View Opinion No. 19-0740
View Summary for Case No. 19-0740
Appeal from the Iowa District Court for Johnson County, Christopher L. Bruns, Judge. SENTENCE VACATED AND REMANDED. Considered by Vaitheswaran, P.J., May, J., and Scott, S.J. Opinion by Scott, S.J. (6 pages)
Saleh Nasr appeals the sentence imposed upon his criminal conviction, arguing the court abused its discretion by employing a fixed sentencing policy. OPINION HOLDS: While this is a close case, the court’s words, at a minimum, give the appearance of a fixed sentencing policy. As a result, we choose to take the cautious route and vacate the sentence and remand for resentencing.
Filed Feb 19, 2020
View Opinion No. 19-0747
View Summary for Case No. 19-0747
Appeal from the Iowa District Court for Black Hawk County, Patrick Wegman, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., Schumacher, J., and Blane, S.J. Opinion by Blane, S.J. (5 pages)
The defendant contends the court failed to exercise its discretion in imposing a fine alleging the court did not know it had discretion to suspend it. OPINION HOLDS: The record supports that the court exercised its discretion and decided not to suspend the fine.
Filed Feb 19, 2020
View Opinion No. 19-1109
View Summary for Case No. 19-1109
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Heard by Bower, C.J., Mullins, J., Greer, J., Danilson, S.J., and Potterfield, S.J. May, Schumacher, and Ahlers, JJ., take no part. Opinion by Mullins, J. Concurrence in part and dissent in part by Danilson, S.J. (42 pages)
The plaintiffs appeal the district court’s dismissal of their lawsuit challenging divisions XIII and XIV of Senate File (SF) 638. On appeal, the plaintiffs assert specific arguments regarding standing for each group—lawyers, commissioners, and legislators. In the alternative, they argue we should apply the exception to standing and waive the standing requirement for all of them because the claimed violations of the Iowa constitution, which occurred in the passage of the legislation, are of great public importance. If we determine they have standing and remand to the district court, the plaintiffs ask that we grant a temporary injunction to stay the implementation of the challenged portions of SF 638 until the district court can rule on the underlying merits of their claims. OPINION HOLDS: We agree with the district court that the plaintiffs have not established any group has standing. We conclude the issues raised by the plaintiffs are not of such great public importance as to waive traditional standing requirements. We need not address the temporary-injunction issue. We affirm the district court. PARTIAL DISSENT ASSERTS: I respectfully dissent in part. I agree with my colleagues in the majority that none of the groups before us—commissioners, lawyers, or legislators—have standing to challenge divisions XIII and XIV of SF 638. However, I believe the issues raised by these plaintiffs are of great public importance and would apply the exception to standing. I would reverse the district court’s dismissal of their suit and remand for proceedings on the merits.
Filed Feb 19, 2020
View Opinion No. 19-1151
View Summary for Case No. 19-1151
Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Schumacher, JJ. Opinion by Doyle, P.J. Special Concurrence by Tabor, J. (17 pages)
A mother appeals the termination of her parental rights. OPINION HOLDS: Upon our de novo review of the record, the mother’s constitutional due process rights were not violated when the court denied her request to be physically present at the termination-of-parental-rights hearing. Similarly, Iowa Code section 622.82 (2019) did not require the court to grant the mother’s request to be present at the hearing, and we find no error or abuse of the court’s discretion in denying the mother’s motion. Finally, we agree with the juvenile court that the State proved by clear and convincing evidence that termination of the mother’s parental rights was in the child’s best interests and the exceptions to overcome termination of her rights should not be applied based on the facts of the case. So we affirm the juvenile court’s ruling in all respects. SPECIAL CONCURRENCE ASSERTS: I write separately to concur in the result but note if the mother’s allegation a representative of the department of corrections declined to transport the mother to the termination hearing in the same county where she was incarcerated, the district court failed to use its discretion under Iowa Code section 622.82 to make the decision, which is within its purview, not the executive branch’s. The record is inadequate to demonstrate how the determination was made, so I concur in the result.
Filed Feb 19, 2020
View Opinion No. 19-1206
View Summary for Case No. 19-1206
Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (4 pages)
Michael Toom seeks a custody order for joint legal custody and physical care of his child with Sarah Opiol. OPINION HOLDS: Because we find Iowa does not have jurisdiction to make an initial child-custody determination under the Uniform Child Custody Jurisdiction and Enforcement Act, we affirm.
Filed Feb 19, 2020
View Opinion No. 19-1732
View Summary for Case No. 19-1732
Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Tabor, P.J., and Mullins and Schumacher, JJ. Opinion by Schumacher, J. (10 pages)
An adoptive mother and minor child appeal a district court order terminating parental rights. OPINION HOLDS: The State met its statutory burden under Iowa Code section 232.116(1)(f) (2019). Termination is in N.G.’s best interests, and the court below did not err in refraining from applying one of the permissive exceptions in Iowa Code section 232.116(3). We affirm the termination.