June 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Van Buren County, Shawn Showers, Judge.  ORDER AFFIRMED; REMANDED FOR ADDITIONAL FINDINGS.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (12 pages)

            Craig Lydolph appeals an order granting Diann Lydolph’s request to modify the physical-care and child-support provisions in the divorce decree.  He argues the district court erred in finding a substantial change in circumstances warranted modification and awarding physical care of their three children to Diann.  OPINION HOLDS: Because Diann’s move to Missouri constitutes a substantial change in circumstances not contemplated when the decree was entered and she has been the children’s primary caregiver ever since, we affirm the award of physical care to Diann.  Further, we uphold the child support obligation under the modified decree.  As for the cash medical support order, we remand for the district court to allow Craig to offer proof of his health insurance plan to see if the payment is necessary.  Finally, we grant Diann’s request for appellate attorney fees. 

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR NEW SENTENCING HEARING.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (11 pages)

            Alphonze Emanuel appeals his conviction of possession of methamphetamine with intent to deliver, challenging the sufficiency of the evidence supporting the charge.  He also appeals the sentences imposed upon said conviction and two other convictions, arguing his waiver of in-person sentencing was not tendered knowingly and voluntarily.  OPINION HOLDS: We find the evidence sufficient to support Emanuel’s conviction of possession of methamphetamine with intent to deliver.  We vacate the sentences imposed on Emanuel’s convictions and remand the matter for a new sentencing hearing.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Hildreth, on behalf of her deceased husband, Thomas Hildreth, appeals from the district court’s reversal of the workers’ compensation commissioner’s award of death benefits.  OPINION HOLDS: We find the district court erred in reversing the commissioner’s award and in determining the commissioner’s decision was unsupported by substantial evidence.  Substantial evidence exists in the record to support the commissioner’s decision.  Accordingly, we reverse the judgment entered by the district court and reinstate the commissioner’s decision.

            Appeal from the Iowa District Court for Winneshiek County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (23 pages)

            Claimant appeals the district court’s denial of his claims for reimbursement against his mother’s estate and family trust for payments he alleges he made on his mother’s behalf during her life.  OPINION HOLDS: Because the district court’s denial is supported by substantial evidence, we affirm the district court’s decision.

            Appeal from the Iowa District Court for Pottawattamie County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (3 pages)

            Bruce Rankin appeals from a district court ruling denying him postconviction relief, asserting his trial counsel was ineffective in failing to request the court conduct a colloquy to determine whether his waiver of his right to testify was knowing and voluntary.  OPINION HOLDS: In Schertz v. State, 380 N.W.2d 404, 415 (Iowa 1985), our supreme court held trial courts are not required to conduct a colloquy concerning a defendant’s decision whether or not to testify.  Because Rankin’s counsel was not required to raise a meritless claim, his ineffective-assistance-of-counsel claim fails.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Potterfield, S.J.  Opinion by Schumacher, J. (6 pages)

            Dustin Eugene Veld appeals the sentence imposed following his convictions for aggravated-misdemeanor child endangerment and fourth-degree criminal mischief.  Veld claims the district court failed to provide adequate reasons for the imposition of the sentences, and therefore, the trial court abused its discretion.  OPINION HOLDS: Finding no abuse of discretion by the district court, we affirm.

            Appeal from the Iowa District Court for Howard County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (8 pages)

            Travis Streif appeals the imposition of a protective order pursuant to Iowa Code chapter 236 (2020).  Travis argues the district court erred in considering a prior chapter 236 action that was ultimately dismissed and in finding the allegations against him rose to the level of assault.  OPINION HOLDS: Chapter 236 contains no time limit in which a petition must be filed and, although a delay may be taken into consideration, claims resulting from past conduct will not be a bar.  Our review of the record shows a prior domestic abuse assault conviction, and Desirée proved there was a current threat to her physical safety by a preponderance of the evidence.

            Appeal from the Iowa District Court for Hardin County, James A. McGlynn, Judge.  AFFIRMED AS MODIFIED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (11 pages)

            Drainage District 67 Board of Trustees appeals the order granting summary judgment in favor of Union Pacific Railroad Co. on its challenge to the board’s reclassification of drainage benefits and assessment for repairs.  The district court found the board acted inequitably in finding the railroad benefited at the rate of 100% and in assessing the railroad one-half the total cost of a repair project.  The board contends the district court erred by granting the railroad’s motion for summary judgment and reinstating the previous classification of benefits.  OPINION HOLDS: In reclassifying the land in the drainage district, the commission and board improperly considered both the increased cost of repair necessitated by the tile’s location on the railroad’s right of way and the per-acre assessments to other property required under the original classification.  The railroad has met its burden of showing the assessment is inequitable as a matter of law.  We affirm the district court’s order but modify it to eliminate paragraphs three through five and instead provide that the railroad’s property be assessed at its original 5.81% benefit rate.        

            Appeal from the Iowa District Court for Kossuth County, David A. Lester, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Doyle, P.J. and Mullins and May JJ.  Opinion by Mullins, J.  Dissent by May, J.  (22 pages)

            Joseph Goche appeals a district court order awarding limited attorney fees and denying a “fees-on-fees” claim following a series of lawsuits filed against him by WMG, L.C. and its members.  WMG cross-appeals, arguing the district court erred in awarding any fees or, alternatively, that if fees were appropriate, they were miscalculated.  OPINION HOLDS: Attorney fees are a debt and are therefore recoverable.  Iowa Code § 489.408(1) (2017).  Awarding attorney fees to enforce indemnification follows Lynch v. City of Des Moines and its progeny.  See 464 N.W.2d 236, 240 (Iowa 1990); see also D.D. v. Davenport Cmty. Sch. Dist., No. 11-2094, 2013 WL 5228716, at *4 (Iowa Ct. App. Sept 18, 2013).  We reverse to the extent the district court declined to award any fees-on-fees and remand for an order allowing fees-on-fees and for determination of a reasonable amount.  We find no abuse of discretion in the value of indemnification for the fees incurred in defending against WMG’s claims.  DISSENT ASSERTS: I respectfully dissent because, in my view, section 489.408(1) (2017) does not require WMG to pay Goche for attorney fees he incurred through his litigation against WMG.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  REVERSED AND REMANDED TO THE AGENCY.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (19 pages)

            Sioux City Truck Sales, Inc. appeals a judicial review order affirming the Iowa Department of Transportation’s approval of an additional motor vehicle dealer franchise in its existing area of responsibility.  OPINION HOLDS: Because neither the agency nor the district court applied the statutory definition of “community” when assessing whether Peterbilt Motors Company met its burden of proving good cause for appointing an additional dealer–franchisee in SCTS’s designated area, we reverse the district court’s judicial review decision and remand to the agency for further proceedings consistent with this opinion. 

            Appeal from the Iowa District Court for Linn County, Fae Hoover-Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Patricia Carlson appeals the dismissal of her personal injury action against Second Succession, LLC; Iowa Commercial Advisors, LLC; and Jones Property Services, Inc.  Carlson contends the district court erred in dismissing her lawsuit on statute-of-limitations grounds. OPINION HOLDS: We affirm the court’s dismissal of Carlson’s petition.

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (14 pages)

            Trustees of a trust appeal adverse rulings in a condemnation-related proceeding.  They challenge the district court’s entry of summary judgment in favor of the City of Tiffin (the City), denial of their renewed motion to compel discovery, and invalidation of a conveyance made by the trust.  OPINION HOLDS: We affirm the entry of summary judgment and the denial of the trust’s renewed motion to compel.  We reverse the district court to the extent its ruling invalidated the quit claim deed, and we remand the matter to the district court to enter an order clarifying the same.