2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  WRIT ANNULLED.  Heard by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, J.  (12 pages)

            William Beeman appeals the denial of his motion for a new trial.  OPINION HOLDS: Treating Beeman’s appeal from a denial of his motion for a new trial as a petition for writ of certiorari and granting the writ, we find no illegality or abuse of discretion in the district court’s denial of Beeman’s motion for a new trial, and we annul the writ of certiorari.   

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (13 pages)

            McKinnon Q. Pangburn filed a dram shop claim and a premise liability claim against Rookies Sports Bar after he was assaulted in the bar’s parking lot.  Rookies moved for summary judgment on both claims, which the district court granted.  OPINION HOLDS: Pangburn presented a genuine issue of material fact with regard to the dram shop claim.  But he failed to establish premise liability as a matter of law.  So we affirm in part, reverse in part, and remand for trial.

            Appeal from the Iowa District Court for Linn County, Russell G. Keast and Casey D. Jones, District Associate Judges.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Mullins, P.J. (9 pages)

            Aubree Bowers appeals her conviction of operating while intoxicated.  She challenges the district court’s denial of her motion to suppress evidence obtained as a result of a traffic stop and the sufficiency of the evidence supporting her conviction.  OPINION HOLDS: We affirm the denial of Bowers’s motion to suppress and find the evidence sufficient to support her conviction.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty and David M. Porter, Judges.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J. (4 pages)

            Dawson appeals from her conviction of third-degree burglary.  She argues that the repository she burgled should have been considered a motor vehicle, lowering her conviction from a class “D” felony to an aggravated misdemeanor.  OPINION HOLDS: The burgled vehicle was not a motor vehicle because it was not self-propelled.  We affirm the lower court’s finding. 

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Tabor, P.J.  (12 pages)

            Mick Nelson appeals the district court’s denial of a retroactive reduction in his child support obligation to Julie Nelson contending the “step-down” provision of the decree is “self-executing.”  He also contests the order that he pay a portion of his youngest child’s uncovered orthodontia expenses.  OPINION HOLDS: We find the order was not “self-executing,” and Mick owes Julie unpaid child support.  He also owes her for his portion of the orthodontia expenses.  We also grant attorney fees to Julie in the amount of $8000. 

            Appeal from the Iowa District Court for Worth County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (12 pages)

            Barbara Kavars filed applications for the return of 154 dogs and two cats taken from her property on November 12, 2018.  The district court denied the applications, finding Kavars was not the owner of the animals as a result of a 2018 relinquishment agreement and a prior court ruling of disposition.  Kavars appeals.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Lynn Poschner, District Associate Judge.  APPEAL DISMISSED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights as to his two minor children.  OPINION HOLDS: Due to a missed deadline in advancing his appeal and a lack of extenuating circumstances, we lack jurisdiction to hear the appeal and are required to dismiss it.

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  Special Concurrence by Schumacher, J.  (12 pages)

            A mother appeals the termination of her parental rights, asserting the State failed to prove the child could not be returned to her care.  OPINION HOLDS: We find clear and convincing evidence the child could not be returned to the mother’s care and affirm.  SPECIAL CONCURRENCE ASSERTS: I concur in the majority opinion but write separately to emphasize additional supporting points for such result.

            Appeal from the Iowa District Court for Scott County, Korie L. Talkington, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            A father appeals the juvenile court decision terminating his parental rights in a private termination proceeding.  OPINION HOLDS: There is clear and convincing evidence to show the father abandoned the child and termination of his parental rights is in the child’s best interests.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED.  Heard by Mullins, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (16 pages)

            Brandon Kettler appeals from the ruling on his petition to modify provisions of the decree dissolving his marriage to Jessica Kettler.  Brandon argues: (1) his visitation with the parties’ children should increase; (2) he should remain responsible for the children’s health insurance; (3) his obligations to undergo drug screens and to provide drug test results and mental-health reports to Jessica should terminate after a specified time; and (4) Jessica should not be allowed to suspend his visitation without seeking court approval.  Both parties request appellate attorney fees.  OPINION HOLDS: We modify the ruling to suspend Brandon’s parenting time for two months following a positive drug test.  Due to ongoing concerns about Brandon’s mental health and substance abuse, we otherwise affirm the modification ruling and deny the requests for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Kimberly S. Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A father appeals the termination of his parental rights to his child, born in 2020.  He argues (1) the State failed to prove two of the three grounds for termination cited by the district court; (2) termination was not in the child’s best interests; and (3) the court should have granted an exception to termination.  OPINION HOLDS: We affirm the district court’s termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Ahlers, JJ.  Opinion by May, J.  (5 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State established statutory grounds authorizing termination, and termination is in the children’s best interests.