December 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer, J. and Carr, S.J.  Opinion by Greer, J.  (16 pages)

            Defendant-employer East Penn Manufacturing Company, Inc. and their insurer appeal from the decision of the worker’s compensation commissioner requiring them to pay penalty benefits for an unreasonable delay in payment of temporary total disability benefits to an injured employee and denying credit for voluntary past payment.  OPINION HOLDS: There is substantial evidence in the record when viewed as a whole to support the payment of penalty benefits and to not allow a credit for past voluntary permanent partial disability payments.  We affirm the commissioner’s decision. 

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (10 pages)

            Dolly Investments, LLC (Dolly) appeals a district court ruling determining it breached its lease with MMG Sioux City, LLC.  OPINION HOLDS: Dolly’s repudiation claim is not preserved for our review.  The district court correctly determined Dolly materially breached the lease first.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (10 pages)

            Angela Jackson, as surviving spouse of Max Jackson, appeals the district court’s ruling on judicial review affirming the denial of workers’ compensation death benefits on her claim Max sustained a mental injury in the course of his employment with Bridgestone Americas Tires Operations, LLC, resulting in his suicide.  She essentially argues the agency and district court erred in finding she failed to meet her burden on the issues of factual and legal causation.  OPINION HOLDS: We agree with the agency and district court that Angela failed to meet her burden on the issues of factual and legal causation thus resulting in the denial of death benefits.  As such, we affirm the district court’s decision on judicial review.

            Appeal from the Iowa District Court for Clinton County, Henry Latham and Mark R. Lawson, Judges.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Trevon J. Lucas appeals his sexual assault convictions, arguing the State’s evidence was insufficient to support his conviction.  OPINION HOLDS: Because inconsistencies did not render key witness’s testimony a nullity, the State’s evidence was sufficient for conviction.  We affirm.

            Appeal from the Iowa District Court for Osceola County, Nancy L. Whittenburg, Judge.  REVERSED.  Heard by Greer, P.J., and Badding, J., and Potterfield, S.J.  Opinion by Greer, P.J.  (14 pages)

            In the middle of the 2019–2020 school year, the Board of Directors (Board) of the Sibley-Ocheyedan Community School District (District) voted to terminate the teaching contract of long-time teacher Danna Braaksma.  Braaksma asked for judicial review, and the district court upheld the Board’s decision.  Now, Braaksma challenges the termination on appeal.  She argues (1) the Board’s termination of her contract violated the Board’s own policies and the teaching contract itself; (2) the termination of her teaching contract violated Iowa law because she was not allowed to complete an intensive assistance program as provided by statute; and (3) the four reasons the Board gave for ending her contract are not supported by a preponderance of the competent evidence in the record.  OPINION HOLDS: The District was required to offer Braaksma an intensive assistance program once it determined she was failing to meet the statutory teaching standards.  But it ultimately discharged her contract because of deficient performance without offering the program in adherence with contractual, statutory, and policy provisions, so the discharge was improper under Iowa Code section 284.8 (2019).  As a result, we reverse the Board’s decision terminating Braaksma’s contract and reinstate Braaksma to her former position according to the terms of her contract.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            Mychael Patten appeals his sentences, asserting the State breached the plea agreement.  OPINION HOLDS: The court considered the big picture in sentencing Patten to incarceration.  We cannot find the prosecutor explicitly or implicitly disapproved of the State’s recommendation of a suspended sentence, and we reject Patten’s claim the State breached the plea agreement.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (19 pages)

            The defendants, who we collectively refer to as La’James, appeal the district court ruling certifying the class of current and former students who allege La’James is liable for unfair and deceptive practices under the Iowa Consumer Fraud Act, fraudulent misrepresentation, negligent misrepresentation, fraudulent concealment, and breach of contract.  La’James maintains the district court abused its discretion in certifying the class, arguing the district court “failed to adequately consider the predominance factor in fraud cases and did not apply or address the applicable law.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the district court’s decision to certify the class of plaintiffs as to all five counts. 

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, District Associate Judge.  AFFIRMED.  Heard by Greer, P.J., Badding, J., and Carr, S.J.  Opinion by Greer, P.J.  (12 pages)

            B.L. appeals the district court’s ruling that Iowa Code sections 232.147 and 232.150 (2020), which require his delinquency records to become public for at least two years, are constitutional.  The district court determined that, as the statutes were not punitive, they could not constitute cruel and unusual punishment.  OPINION HOLDS: The statutes are neither intended to be punitive nor so punitive in nature as to overcome their intent.  We affirm the district court’s ruling that they are constitutional. 

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Mullins, P.J.  (25 pages)

            La Posada Group LLC appeals the district court order affirming the Pottawattamie County Board of Review’s tax assessment of commercial real estate.  La Posada argues the district court erred in determining it could not consider valuation evidence outside the sales-comparison approach to value and ultimately affirming the assessment.  OPINION HOLDS: We affirm the district court’s affirmation of the assessment. 

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother appeals the termination of her parental rights in a private termination action.  OPINION HOLDS: We find clear and convincing evidence supports the grounds for termination and termination is in the children’s best interests.  We affirm.

            Appeal from the Iowa District Court for Jasper County, Brad McCall, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (3 pages)

            Daniel Poole appeals the grant of summary judgment dismissing his postconviction-relief action.  OPINION HOLDS: Because a hearing was not required, the district court did not err by failing to hold one.

            Appeal from the Iowa District Court for Hamilton County, John R. Flynn, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (12 pages)

            A mother appeals the modification of the physical care provision of the dissolution decree regarding her ten-year-old daughter.  She argues the father did not show he could offer better care.  OPINION HOLDS: The father established he could offer better care.  We affirm.