July 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  AFFIRMED.  Heard by Tabor, P.J. and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            Plaintiffs Alan and Diane Andersen appeal the district court’s grant of mistrial and dismissal of their petition.  OPINION HOLDS: The Andersens’ counsel describing the failure to obtain proper informed consent as a “crime” resulted in significant unfair prejudice to the defendants with little to no relevance to the issues of informed consent to be presented at trial.  We find no abuse of discretion in granting the mistrial.  With this third mistrial caused by the Andersens despite escalating prior sanctions, we find no abuse of discretion in dismissing the petition as a sanction. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Mullins, P.J., and May and Greer, JJ.  Opinion by Greer, J.  Dissent by Mullins, P.J.  (19 pages)

            Michael McDonald (Michael) appeals the district court’s ruling in favor of A.Y. McDonald Industries, Inc. (A.Y.) following a trial on a breach of contract dispute.  Michael claims the district court erred in (1) finding he, rather than A.Y., breached their amended restitution agreement; (2) declaring a limited power of attorney (LPOA) executed by Michael to facilitate payments to A.Y. from two spendthrift trusts was irrevocable; (3) awarding A.Y. attorney fees; (4) issuing a permanent injunction preventing Michael from rescinding the LPOA or breaching the amended agreement in the future; and (5) finding A.Y. did not interfere with Michael’s expectancy interest under the spendthrift trusts.  OPINION HOLDS: We affirm the district court’s order finding Michael in breach of the restitution agreement and the award of attorney fees to A.Y.  We also affirm the ruling that A.Y. did not breach any agreement with Michael.  We reverse the order enforcing the LPOA and its restraint on the spendthrift trust distributions, and we reverse the grant of A.Y.’s request for a permanent injunction.  PARTIAL DISSENT ASSERTS: I would affirm the district court in all respects.

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

            Liberty Mutual Fire Insurance Company (Liberty Mutual) appeals from a ruling on judicial review reversing the workers’ compensation commissioner’s decision and concluding American Home Assurance (American Home) was entitled to reimbursement from Liberty Mutual for benefits paid when it was not the employer’s insurance carrier.  OPINION HOLDS: We conclude the commissioner’s interpretation of Iowa Code section 85.21 (2016) was neither “irrational, illogical, or wholly unjustifiable” nor “erroneous.”  The district court judgment reversing the portion of the commissioner’s decision that declined to order reimbursement for benefits American Home paid prior to January 3, 2017, is reversed.  The case is remanded for entry of a judgment consistent with this opinion.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED.  Considered by Tabor, P.J., May, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            Alexandria Capps appeals from the modification of her custody decree, which gave physical care of her child to the father.  OPINION HOLDS: The father established he is able to minister more effectively to their child’s wellbeing.  So we affirm.

            Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED AS MODIFIED ON APPEAL AND REMANDED; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., Tabor, Greer, and Ahlers, JJ., and Vogel, S.J.  Opinion by Ahlers, J.  (19 pages)

            Larry Towne appeals and Angela Towne cross-appeals from the decree dissolving their marriage.  Both parties challenge the property division and spousal support provisions of the decree, Larry challenges the district court’s refusal to order Angela to pay his trial attorney fees, and both parties request appellate attorney fees.  OPINION HOLDS: We modify the decree to order both parties to be equally responsible for any future liability on their children’s student loan debt in existence at the time of the decree, and we increase the property settlement equalization payment owed by Angela to Larry to $78,086.00.  We also eliminate the reduction of Angela’s spousal support obligation once Larry turns sixty-seven years of age.  In all other respects, the district court’s decree is affirmed both on Larry’s appeal and Angela’s cross-appeal.  We award Larry appellate attorney fees in the amount of sixty percent of the reasonable and necessary fees incurred by Larry on appeal, and we remand for the district court to determine that amount.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J. and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J. (3 pages)

            Timothy Webber appeals following his conviction for second-degree theft as a habitual offender, arguing the district court abused its discretion in denying his new trial motion on the ground that the verdict was contrary to the law and evidence.  OPINION HOLDS: We affirm the district court’s denial of Webber’s new trial motion. 

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (5 pages)

            An injured worker appeals from the district court’s order affirming the denial of the worker’s application for alternate medical care.  OPINION HOLDS: The record provided to us does not include a transcript or recording of the hearing held before the agency.  As we do not presume error in the proceedings, on the record before us we must affirm.

            Appeal from the Iowa District Court for Johnson County, Chad Kepros, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (7 pages)

            Eric Peppers appeals the dismissal of his application for postconviction relief on statute-of-limitations grounds.  OPINION HOLDS: We affirm the dismissal of Peppers’s application.

            Appeal from the Iowa District Court for Linn County, Christopher Bruns, Judge.  APPEAL DISMISSED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Tamaiysha Turner appeals the denial of her application for order for rule to show cause.  OPINION HOLDS: We dismiss Turner’s appeal as not timely.  Even if her appeal were timely, we would find no abuse of discretion in the district court’s refusal to find the respondents in contempt.

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J. (4 pages)

                       Dan Schwabe appeals the district court’s denial of his motion to suppress evidence following a traffic stop.  OPINION HOLDS: On our de novo review, we reach the same conclusion as the district court that Schwabe did, in fact, cross the centerline several times as testified to by the officer.  These infractions provided probable cause and reasonable suspicion to initiate a traffic stop of Schwabe’s vehicle, so there was no constitutional violation.  Thus, the district court properly denied Schwabe’s suppression motion.

            Appeal from the Iowa District Court for Plymouth County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            Michael and Connie Schmitt appeal the dismissal of their medical malpractice claims against Floyd Valley Healthcare.  OPINION HOLDS: Because expert witness testimony is necessary to establish a prima face case on each of the Schmitts’ medical malpractice claims, the district court correctly applied the law in determining a certificate of merit affidavit is necessary under Iowa Code section 147.140 (2018).  The Schmitts failed to substantially comply with the requirements for a certificate of merit affidavit, and therefore, the district court properly granted the defendant’s motion to dismiss. 

            Appeal from the Iowa District Court for Linn County, Chad A. Kepros, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (12 pages)

            Sarah Hyatt appeals a district court ruling upholding a civil service commission’s ruling affirming the termination of Hyatt’s employment.  OPINION HOLDS: We find Hyatt possessed and consumed a controlled substance at her place of employment, slept while on duty, and was dishonest during the ensuing investigation.  So her termination was appropriate.