2021 Archive | Court of Appeals Court Opinions

            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.

            Appeal from the Iowa District Court for Benton County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (5 pages)

            Lucas Potter appeals the denial of his motion to set aside a default judgment.  OPINION HOLDS: Lucas did not establish good cause to set aside the default.  We do not award Jessica Potter appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Mark F. Schlenker, District Associate Judge.  SENTENCES VACATED AND REMANDED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J. (6 pages)

            Following his guilty pleas, Ricardo Perry appeals his sentences for two counts of operating while intoxicated.  OPINION HOLDS: Since the sentencing court referred to facts not admitted or proven, we vacate Perry's sentence and remand the case to the district court for resentencing before a different judge.

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (10 pages)

            Kelly Concrete Company, Inc. appeals the district court’s pre-answer dismissal of its petition to foreclose on a mechanic’s lien.  OPINION HOLDS: Considering the petition in the light most favorable to Kelly, we cannot conclude there is no conceivable state of facts under which Kelly might show a right of recovery.

            Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan, Judge.  SENTENCE AFFIRMED IN PART AND REMANDED FOR ENTRY OF A CORRECTED SENTENCING ORDER.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            After entering a plea of guilty, Robert Ritchie appeals his sentence for operating while intoxicated (OWI), second offense.  First, Ritchie claims the district court erred by denying him his right of allocution.  Next, Ritchie asserts his sentence is illegal because the district court failed to order compliance with recommendations proposed in a substance-abuse evaluation.  Lastly, Ritchie argues the district court abused its discretion by failing to consider a critical health issue before sentencing him to prison.  OPINION HOLDS: We find the sentencing court did not deny Ritchie his right of allocution.  Likewise, we find no abuse of discretion in the sentence imposed.  However, we remand to the district court for entry of a corrected sentencing order requiring Ritchie to comply with the recommendations in his substance-abuse evaluation.  All other provisions of the sentencing order shall remain unchanged.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Heard by Bower, C.J., and Doyle and Tabor, JJ.  Opinion by Bower, C.J.  (9 pages)

            Dr. Doe appeals a district court order affirming the Iowa Board of Medicine’s (Board) order to undergo a confidential competency evaluation.  OPINION HOLDS: Based on the record before us, including the Board’s credibility findings, the Board had probable cause to order Dr. Doe undergo the comprehensive evaluation.  We affirm.

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Tamaiysha Turner appeals the denial of her application seeking to hold employer CCRC of Cedar Rapids, LLC, d/b/a Terrace Glen Village, LLC, and its insurer, United Wisconsin Insurance Co., in contempt.  OPINION HOLDS: We find no reviewable claim of error preserved for appeal arising from the employer’s identity, no error in the district court’s analysis of Turner’s contempt claim, and no abuse of discretion in the court declining to admit Turner’s proposed exhibits.  Therefore, we affirm.

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (2 pages)

            Thomas Bice appeals a summary judgment ruling in favor of Steven Wells d/b/a United Insurance Agencies.  OPINION HOLDS: Bice’s claim fails as a matter of law.  The district court was right to grant summary judgment. 

            Appeal from the Iowa District Court for Marion County, Elisabeth S. Reynoldson, Judge.  AFFIRMED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (7 pages)

            Sandra Kloster appeals the order denying her claim for an elective share as surviving spouse of Karl Kloster’s estate.  She challenges the district court’s finding that the premarital agreement she signed was enforceable, arguing it was procedurally unconscionable.  She also contends her decision to sign the agreement was not informed because Karl failed to provide a fair or reasonable financial disclosure and she had inadequate knowledge of his finances.  OPINION HOLDS: Sandra has not met her burden of showing the premarital agreement is unenforceable.  Because the agreement waived her right to elect against the will, we affirm.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Norrie C. Smith appeals the workers’ compensation commissioner’s finding that she failed to meet her burden of proving her injury arose out of her employment.  OPINION HOLDS:  Smith failed to provide expert testimony causally connecting her injury to her employment with TPI.  The commissioner’s decision was based on substantial evidence.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill and Mary E. Chicchelly, Judges.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (3 pages)

            David Schneider appeals the denials of his applications for default judgment on his claims against Transamerica Life Insurance Company.  OPINION HOLDS: Because there is no basis for finding the defendant in default, we affirm the denial of Schneider’s applications for default judgment and his motion to reconsider.