2020 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.    Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (10 pages)

            Denene Nutt, formerly known as Denene Nibbelink, appeals various provisions of the decree dissolving her marriage to Jody Nibbelink.  Denene asserts the decree entered is inequitable in (1) underestimating the value of Integrity Concrete, LLC, (2) treating the parties’ post-separation debt differently, (3) dividing the parties’ debts and assets and ordering no property settlement payment, and (4) ordering each party to pay their own attorney and expert fees.  OPINION HOLDS: We find no failure to do equity and therefore affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the juvenile court decision terminating her parental rights.  OPINION HOLDS: We find sufficient evidence supports a ground for termination, an extension is not warranted, and termination is in the best interests of the child.  We affirm.

            Appeal from the Iowa District Court for Clay County, Andrew Smith, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (4 pages)

            A father appeals the termination of his parental rights, claiming there is not sufficient evidence to support the court’s finding that the child cannot be returned to him at present.  OPINION HOLDS: Because the child cannot be returned to the father’s custody at present without risk of adjudicatory harm, there is clear and convincing evidence to terminate the father’s parental rights.   

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals the termination of her parental rights as to two children. OPINION HOLDS: We find no denial of the mother’s due process rights.  We find the record supports termination of the mother’s rights to the two children.  Finally, we reject mother’s arguments that a permissive exception should have been applied, a six-month extension should have been granted, and termination is not in the children’s best interests. 

            Appeal from the Iowa District Court for Keokuk County, Daniel Kitchen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Bower, C.J.  (6 pages)

            A mother appeals the termination of her parental rights.  She claims she should have been granted an additional six months to achieve reunification with the child.  OPINION HOLDS: We find an extension was not warranted and termination is in the best interests of the child.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  Special Concurrence by Schumacher, J.  (8 pages)

            A mother appeals the termination of her parental rights to her two daughters.  OPINION HOLDS: Because of the mother’s cognitive and physical disabilities, she is unable to care for herself or for her children.  The juvenile court found, and we agree, termination of the mother’s parental rights is in the best interests of the children.  SPECIAL CONCURRENCE: I respectfully disagree with the use of the audio of the mother’s partial testimony in our review of the record, as such was not a part of the official record at the time the appeal was submitted to our court and was likely not accessible to the litigants.  Based on the independent review of the record without the audio recording of a portion of the mother’s testimony, I join the majority opinion.

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (5 pages)

            A mother and father appeal the juvenile court’s termination of their parental rights.  OPINION HOLDS: We conclude termination is appropriate under Iowa law and consistent with the children’s best interests with respect to both parents.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The father appeals the termination of his parental rights to A.C.  OPINION HOLDS: A.C. is now over two years old and should not continue waiting for permanency.  We agree with denying the father additional time to work toward reunification, decline to order a guardianship, and affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., Greer, J., and Vogel, S.J.  Opinion by May, P.J.  (9 pages)

            A mother and father appeal the juvenile court’s termination of their parental rights.  OPINION HOLDS: We conclude termination was appropriate under Iowa law and consistent with the children’s best interests with respect to both parents.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by May, J.  (6 pages)

            A mother appeals the juvenile court’s termination of her parental rights.  OPINION HOLDS: We conclude termination is appropriate under Iowa law and consistent with the child’s best interest.

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (3 pages)

            The father appeals the termination of his parental rights to K.P.  OPINION HOLDS: We find the father properly consented to termination, and we affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Buena Vista County, Mary L. Timko, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and May and Greer, JJ.  Opinion by Greer, J.  (5 pages)

                N.K. appeals the termination of her parental rights to N.N.  She argues she should have had an interpreter and attorney during N.N.’s delinquency proceedings and termination is not in N.N.’s best interests.  OPINION HOLDS: The mother has not preserved her claims regarding lack of an interpreter and attorney during delinquency for our review; however, a parent has no right to an interpreter or attorney during the child’s delinquency proceedings.  We find termination is in N.N.’s best interests, and we affirm the termination of the mother’s parental rights.