August 2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge.  AFFIRMED IN PART AND REVERSED IN PART ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Heard by Vaitheswaran, P.J., Schumacher, J., and Blane, S.J.  Opinion by Vaitheswaran, P.J.  (14 pages)

            Finance of America Commercial, LLC (FAC) appeals the district court’s trial ruling and award of attorney fees.  Thomas Dostal Developers, Inc., and Randy T. Dostal cross-appeal the district court’s ruling and award of attorney fees.  OPINION HOLDS: We affirm the district court’s judgment of foreclosure in favor of FAC.  We affirm the district court’s enforcement of the mechanic’s liens claimed by Borst Bros. Construction, Inc. (Borst) and the court’s conclusion that they have priority over FAC’s mortgages.  We affirm the district court’s enforcement of Kelly’s mechanic’s liens and the court’s conclusion that they are superior to Borst’s mechanic’s liens.  We affirm the attorney fee awards in favor of Borst, Kelly, and FAC.  We reverse the district court’s conclusion that the guaranty agreements are unenforceable against Randy Dostal individually.

            Certiorari to the Iowa District Court for Black Hawk County, George L. Stigler, Judge.  REVERSED AND REMANDED; WRIT ANNULLED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            Odell Everett appeals the district court’s order denying his motion to vacate his sentence.  OPINION HOLDS: We reverse the denial of the motion to vacate and remand for resentencing in Everett’s presence.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (16 pages)

            Jeremy Cory appeals the denial of his second application for postconviction relief.  He raises several claims alleging he received ineffective assistance of trial and appellate counsel.  OPINION HOLDS: Because none of Cory’s ineffective-assistance claims warrant reversal, we affirm the denial of relief. 

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (8 pages)

            Lisa Denzin appeals the district court’s denial of her motion to suppress and her conviction after a bench trial of operating while intoxicated, first offense.  OPINION HOLDS: Upon our review, we find reasonable suspicion supported the officer’s request for preliminary breath test, the district court correctly denied Denzin’s motion to suppress, and we affirm Denzin’s conviction.

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by May, J.  (6 pages)

            Jeffrey Frazier appeals his convictions for forgery and identity theft.  OPINION HOLDS: Substantial evidence supports the jury’s verdicts. 

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

            Brandon Stockdall appeals the summary disposition of his application for postconviction relief.  OPINION HOLDS: We affirm the entry of summary disposition.

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

            Dijonis Deontrey Burkett Brown appeals the district court’s resentencing order, contending the court considered an impermissible factor.  OPINION HOLDS: We conclude the district court did not consider an impermissible factor in resentencing Brown.

            Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J. (6 pages)

Jerrmie Kershner appeals his convictions for possession of methamphetamine with intent to deliver and carrying weapons. OPINION HOLDS: We grant Kershner’s application for discretionary review of his claim the district court abused its discretion by denying Kershner’s motion in arrest of judgment.  However, we determine the district court did not abuse its discretion in denying the motion.  Furthermore, Kershner’s claims of ineffective assistance of counsel cannot be raised in this direct appeal.  We do not adopt the plain error doctrine.  We affirm Kershner’s convictions.

            Appeal from the Iowa District Court for Jasper County, Shawn Showers, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Rose Van Egmond challenges the partial summary judgment ruling requiring her to cooperate with the sale of her father’s home to her niece, Kelli Van Egmond.  OPINION HOLDS: Rose failed to resist the partial motion for summary judgment, and her motion to enlarge was untimely.  We affirm the partial summary judgment ruling in Kelli’s favor.

            Appeal from the Iowa District Court for South Lee County, Mark Kruse, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (7 pages).

            Todd Spurgeon appeals his sentence imposed following a guilty plea, alleging the district court abused its discretion in improperly weighing sentencing factors and in imposing consecutive sentences.  OPINION HOLDS: We find the district court’s sentencing considered appropriate factors and the district court did not abuse its discretion in imposing consecutive sentences. 

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  SENTENCE VACATED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J. (3 pages)

            Domonique Parrow Sr. appeals the sentence imposed following convictions for guilty of driving while barred and driving while suspended.  OPINION HOLDS: We vacate Parrow’s sentence to the extent it specifies a jail sentence and remand for entry of a corrected sentence.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (9 pages)

            Two fathers separately appeal the termination of their parental rights to their children.  The father of S.H. claims termination was not in his child’s best interests and the juvenile court erred by not placing the child in a guardianship with the paternal grandmother.  The father of S.G. contends termination was not in his child’s best interests and the State failed to prove the grounds for termination cited by the juvenile court.  OPINION HOLDS: We affirm on both appeals.