April 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            Leslea Haravon Collins, who filed a petition for appointment of a conservator for her mother, Alda Haravon, appeals the district court’s award of attorney fees to her sister, Anita Haravon, who opposed the conservatorship.  OPINION HOLDS: We conclude the district court properly determined Alda should pay Anita’s attorney fees that were incurred defending against the proposed conservatorship.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Mahan, S.J.  Opinion by Vaitheswaran, P.J.  (4 pages)

            Michael Lang appeals the district court’s summary dismissal of his eighth postconviction-relief application and the denial of his motion for reconsideration of the ruling.  OPINION HOLDS: We affirm the court’s summary dismissal of the application. 

            Appeal from the Iowa District Court for Jefferson County, Lucy Gamon, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Rebecca Riaz, now known as Rebecca Bachar, appeals the district court decision denying her motion to set aside a default dissolution decree.  OPINION HOLDS: Rebecca’s reasons for not appearing for the dissolution trial were not credible, and therefore, she has not met her burden to show good cause for setting aside the dissolution decree.  We determine each party should pay their own appellate attorney fees.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Lee (South) County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (12 pages)

            Michael Schawitsch appeals the denial of his fourth application for post-conviction relief.  OPINION HOLDS: Because Schawitsch failed to show his ineffective assistance of counsel claims were made within the time limit established by Iowa Code section 822.3 (2018), we affirm denial of his fourth application for PCR. 

            Appeal from the Iowa District Court for Osceola County, Don E. Courtney, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (13 pages)

            Dale and Danna Braaksma, together with their son, Jesse Braaksma, appeal a grant of summary judgment and ensuing foreclosure decree entered in favor of Compeer Financial Services, FLCA (Compeer) relative to two mortgages on tracts of agricultural real estate, one owned by Dale and Danna and the other owned by Jesse.  They argue Compeer’s notice of default and right to cure did not comply with Iowa Code sections 654.2A and 654.2B (2018), the Braaksmas were not excepted from a right to cure based on prior defaults, and Compeer’s foreclosure petition should therefore have been dismissed.  OPINION HOLDS: The legal consequence of the undisputed facts is Compeer’s entitlement to judgment as a matter of law.  We affirm the district court’s grant of summary judgment in favor of Compeer.

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Matthew Howe appeals the district court’s dissolution of marriage decree granting the parents joint physical care of their two children.  OPINION HOLDS: Due to the mother’s methamphetamine addiction and other concerns, we agree physical care of the children should be placed with Matthew.  Therefore, we modify the dissolution decree accordingly and remand for further proceedings.

            Appeal from the Iowa District Court for Scott County, Thomas Reidel, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (11 pages)

            Tre Desean Henderson appeals his convictions for first-degree murder and child endangerment—multiple acts, as well the jury’s guilty verdict as to child endangerment resulting in death, which merged with the murder conviction.  OPINION HOLDS: Finding sufficient evidence to support the jury verdict, we affirm Henderson’s convictions.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Lowe’s Home Centers, LLC appeals the district court’s ruling on judicial review affirming the Property Assessment Appeal Board’s valuation of its Waterloo property at $8,898,790.  Lowe’s argues the PAAB violated Iowa law by adopting an appraisal of the property at its “current use,” erred in interpreting Iowa law, and the improper interpretation and application of law violated Lowe’s due process rights under the United States Constitution.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (5 pages)

            John Deere Davenport Works (Deere) appeals from a district court ruling affirming the Iowa Workers’ Compensation Commissioner’s denial of its affirmative defense.  OPINION HOLDS: The district court and Iowa Workers’ Compensation Commissioner correctly rejected Deere’s affirmative defense under Iowa Code section 85.23 (2016).

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            James Wessels appeals the district court order modifying the child support and expense sharing provisions of the decree dissolving his marriage to Mary Wessels and the dismissal of his contempt petition filed against her.  On appeal, James argues (1) the district court erred by finding a substantial change of circumstances had occurred which justified a modification; (2) the district court erred by dismissing his contempt action; and (3) the district court erred by awarding Mary $1000 in trial attorney fees.  Although Mary did not cross-appeal, she seeks an award of appellate attorney fees.  OPINION HOLDS: We find Mary met her burden of establishing a substantial change in circumstances warranting modification of the child support provisions of the original decree.  Therefore, we affirm the district court’s modification order in all respects with regard to child support and children’s expenses, including the expense-sharing provisions, the uncovered medical expense division provisions, and the imposition of a $560 monthly child support obligation owed by James.  The district court did not abuse its discretion in ordering James to pay $1000 of Mary’s trial attorney fees.  We remand for the sole purpose of determining James’s obligation for Mary’s appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED IN PART AND REMANDED FOR FURTHER PROCEEDINGS ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (20 pages)

            After sustaining a work injury to her right wrist in July of 2016, April Clark received benefits under the workers’ compensation system.  Now, Clark advances a claim for additional entitlement to penalty benefits under Iowa Code section 86.13(4)(c) (2017).  Her employer, Winnebago Industries (Winnebago), contends the commissioner and district court properly denied her request because the company had a reasonable basis for initially delaying benefit payments to Clark.  Winnebago cross-appeals over three issues it asserts were not supported by substantial evidence: (1) error in finding permanent disability, (2) error in calculating the benefit rate and (3) error in awarding alternate medical care.  OPINION HOLDS: We affirm in part on appeal; we find no basis for an award to Clark of penalty benefits arising from the appropriate benefit rate for a married injured worker and no basis for an award to Clark for penalty benefits related to the failure to pay permanency benefits because that issue was fairly debatable.  On the other hand, we remand for a determination on the applicability of a penalty for the underpayment of temporary benefits.  We affirm on cross-appeal because substantial evidence supports the commissioner’s finding of a permanent injury and the compensation rate calculated at the married rate.  With that determination in hand and reviewing the record as a whole, we affirm the award of alternate medical care.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (10 pages)

            Jacob Schmitt appeals his conviction for third-degree burglary.  He claims the State offered insufficient proof that he did not have permission or authority to enter his friend’s private bedroom or remain in the house.  OPINION HOLDS: Because substantial evidence supports the verdict on both the “entering” and “remaining-over” alternatives, we affirm his conviction.