November 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Boone County, Gary McMinimee, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (7 pages)

            Tamara MacKay appeals from adverse summary judgment for Judy Russell on her slander claim.  OPINION HOLDS: Because the district court did not err in concluding Russell was entitled to judgment as a matter of law, we affirm.

            Appeal from the Iowa District Court for Marshall County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Brian Freiberg appeals the district court’s order on remand following an appeal of a modification order.  OPINION HOLDS: The district court correctly interpreted our prior opinion.  We affirm. 

            Appeal from the Iowa District Court for Mills County, Craig Dreismeier, Judge.  SENTENCE VACATED IN PART AND REMANDED WITH DIRECTION.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J. (7 pages)

            Zachary Liddick challenged the mandatory minimum sentence imposed, arguing the district court did not properly apply the factors applicable to juvenile offenders.  He also asserts the imposed fine is an illegal sentence.  OPINION HOLDS: We discern no abuse of discretion in the court’s imposition of a mandatory minimum sentence.  However, there is no statutory authority supporting the fine, and we therefore vacate that portion of the sentence and remand for a corrected sentencing order.

            Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            A mother appeals the termination of her parental rights to her child.  OPINION HOLDS:  Because the child could not be returned to the mother’s care at the time of the termination hearing, termination of her parental rights was proper.

             Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the termination of her parental rights, contending (1) the State failed to prove the grounds for termination, (2) termination is not in the children’s best interests, and (3) termination would be detrimental to the children due to the closeness of their parent-child relationship.  OPINION HOLDS: Finding no grounds for reversal, we affirm.  

            Appeal from the Iowa District Court for Louisa County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The juvenile court did not abuse its discretion by denying the mother’s motions to continue, the grounds for termination were established, termination is in the child’s best interests, and a guardianship is not appropriate.  We affirm.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Vaitheswaran, P.J.  (3 pages)

            A father appeals the termination of his parental rights to his children, born in 2018 and 2019.  OPINION HOLDS: We affirm the district court’s denial of the permissive exception to termination set forth in section 232.116(3)(c) (2021) and the termination of the father’s parental rights to the children.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The statutory grounds authorizing termination are met.  Termination is in the child’s best interest.  And we do not apply any exception to termination.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother contends the termination of her parental rights is not in the child’s best interests.  OPINION HOLDS: Termination of parental rights and adoption will best provide for the child’s need for permanency and stability.  We affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The mother’s contest to the statutory grounds for termination was not preserved for our review.  On our de novo review of the record, we find termination is in the child’s best interests. 

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., Schumacher, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We find the child cannot be safely returned to the mother’s care, the mother is not able to provide the child with the stability she deserves, and none of the permissive factors preclude termination. 

            Appeal from the Iowa District Court for Benton County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (4 pages)

            A mother appeals from the termination of her parental rights to her children, contending termination was not in the best interests of the children.  OPINION HOLDS: Upon our review, we affirm.