October 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  REVERSED AND REMANDED.  Heard by Greer, P.J., Badding, J, and Doyle, S.J.  Opinion by Badding, J. (11 pages)          

            The defendant appeals the district court’s denial of his motion to discharge his probation ten years after the period of probation expired.  OPINION HOLDS: Because we find the district court failed to exercise its discretion in summarily denying the motion, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Laforest Bennett argues that at the critical time, his counsel failed to challenge the district court’s finding of competency and the acceptance of his guilty pleas.  He raises this issue in a postconviction-relief (PCR) format.  On appeal from the denial of his PCR application, he argues the district court failed to make findings regarding if he was restored to competency.  And Bennett urges that his trial counsel should have raised the issue in any event because he was not competent to plead guilty.  OPINION HOLDS: Because of the competency determination made shortly before the plea proceeding, we find Bennett’s trial counsel was not ineffective for failing to challenge the plea or raise issues of Bennett’s competency.

            Appeal from the Iowa District Court for Benton County, Patrick R. Grady, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Frances Kozik and Virgil Kozik (the Koziks) appeal the district court decision dismissing their appeal of a compensation commission’s award due to untimely service of the notice of appeal on the Iowa Department of Transportation.  OPINION HOLDS: The Koziks have not shown good cause for the delay in proper service.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Timothy and Judith Jackson appeal the district court order granting summary judgment to Fye Excavating, Inc. on its defense of res judicata.  OPINION HOLDS: Because the Jacksons are not entitled to a “second bite” at litigation on their claims related to the loss of trees on their property, we affirm the grant of summary judgment.  

            Appeal from the Iowa District Court for Wapello County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            Lyle and Helen Dumont appeal the district court’s grant of summary judgment for the defendants.  They allege the court failed to appropriately weigh the evidence in their favor as the non-moving party.  OPINION HOLDS: We find there is inadequate evidence in the record to support generate a prima facie case for negligence.  Summary judgment was appropriate.  We affirm the district court.  

            Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED.  Considered by Bower, C.J. and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (14 pages)

            The co-administrators of the estate of Linda Berry appeal the grant of summary judgment in favor of the defendants.  The defendants assert the action is time-barred by the statute of repose.  OPINION HOLDS: This appeal is timely because Linda’s estate filed a timely notice of appeal following the ruling on the Iowa Rule of Civil Procedure 1.904(2) motion.  Because we find a genuine issue of material fact over whether Linda’s estate’s claim of fraudulent concealment defeats the defendants’ statute-of-repose defense, we reverse the district court’s grant of summary judgment and remand for further proceedings.

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED AND REMANDED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J.  (22 pages)

            Greg and Lisa Melcher appeal a district court order in favor of Cooley Pumping, LLC, related to the design and installation of their septic system.  The Melchers raised several issues on appeal including arguments that the district court applied incorrect legal standards, newly discovered evidence should have led to a new trial, and the district court made multiple errors in awarding attorney fees and costs.  OPINION HOLDS: On our review of the record, we find the district court applied the correct standard of compliance to the contractual issues presented and substantial evidence was presented to support the conclusion that Cooley Pumping substantially performed the terms of the contract.  Cooley Pumping’s substantial performance was appropriately considered as a defense to the Melchers’ counterclaims.  Furthermore, we agree with the district court’s denial of motions for new trial because there was no newly discovered evidence that existed at the time of trial to support a motion, no prejudice resulted from the late designation of an expert witness, and substantial justice was done between the parties.  Finally, we find no abuse of discretion in the district court’s calculation or award of attorney fees or costs.  We remand for a determination of appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            Zachary Tew appeals the denial of his claim for worker’s compensation benefits from Sparboe Farms, Inc. and Nationwide Agribusiness Insurance Co.  OPINION HOLDS: Because the commissioner’s application of law to fact was not irrational, illogical, or wholly unjustifiable and  substantial evidence supports the commissioner’s final decision, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (10 pages)

            Robert McKee appeals an order modifying the decree dissolving his marriage to Mandy McKee.  OPINION HOLDS: Mandy did not meet her substantial burden for a modification of child custody.  The district court did not err in denying Robert’s application for contempt or determining Robert’s gross income.  But we remand to recalculate Robert’s child support obligation. 

            Appeal from the Iowa District Court for Wapello County, Myron L. Gookin, Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Michelle Alm and D’An Sasseen, beneficiaries of the Estate of Keith Sasseen, appeal the order overruling their objections to the inventory and final report of its executor, Barbara Sasseen.  Relying upon a premarital agreement between Keith and Barbara, they contest Barbara’s claim of survivorship rights with regard to two joint bank accounts.  OPINION HOLDS: Because Michelle and D’An failed to show substantial extrinsic evidence to rebut the presumption in favor of finding the accounts are held in joint tenancy with right of survivorship, we affirm.

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (9 pages)

            Adam Melchert appeals from his conviction for operating while intoxicated.  He argues he did not voluntarily refuse chemical testing because he was not informed his refusal would prohibit him from requesting a deferred judgment if convicted.  He also argues Iowa Code section 907.3(1)(a)(6)(d) (2019) violates his state and federal constitutional rights to equal protection.  OPINION HOLDS: Police were not required to inform Melchert that he would not be able to request a deferred judgment if he chose to refuse testing.  With respect to Melchert’s equal protection challenge to section 907.3(1)(a)(6)(d), those who consent to testing and those who refuse testing are not similarly situated.  So the challenge fails.

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Cindy Davis appeals the order dismissing a petition for relief from elder abuse filed on her behalf by a substitute petitioner.  OPINION HOLDS: I. Because Cindy is the party in interest and participated in the proceedings below, we deny the motion to dismiss for lack of jurisdiction.  II. Cindy does not meet the definition of a “vulnerable elder” under Iowa Code chapter 235F (2020).  Because the petition does not show a right of recovery under any state of facts, we affirm its dismissal.