2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Robert Hanson, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Tabor, P.J.  (5 pages)

            Michael Ryan appeals the grant of summary judgment on his fraudulent-settlement claim against Belin McCormick law firm.  OPINION HOLDS: Because Ryan signed a settlement agreement, which included a release of all claims related to the settlement, we affirm the grant of summary judgment in this memorandum opinion.  See Iowa Ct. R. 21.26(1)(d), (e). 

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            Steven Thomas appeals the order modifying the spousal support awarded to Cheryl Thomas in the 2016 decree dissolving their marriage.  OPINION HOLDS: The district court properly modified spousal support based on the evidence of Steven’s earning capacity.

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J. (14 pages)

            Jeffery Britcher appeals his conviction of possession of methamphetamine with intent to deliver as a habitual offender, challenging the denial of his motion to suppress evidence obtained as a result of an allegedly unconstitutional traffic stop and ensuing search of a vehicle.  He argues (1) the traffic stop was impermissibly expanded in duration, (2) the stop was impermissibly expanded in scope, and (3) a dog sniff of the vehicle was unconstitutional because the dog entered the vehicle.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the denial of Britcher’s motion to suppress, and his conviction.

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Wittig, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            Lori Kintzle and Lisa Nickerson appeal the district court’s decision denying their request to be awarded attorney fees in the guardianship and conservatorship proceedings involving their father.  OPINION HOLDS: Lori and Lisa’s petition to intervene in the proceedings was denied and the other parties objected to their participation.  We conclude the district court properly denied their request for attorney fees.  Additionally, they are not entitled to appellate attorney fees.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Mullins, J.  (6 pages)

            Kimberly Hanson appeals a summary judgment ruling granted in favor of Housby Mack, Inc.  Hanson argues the district court erred in finding no genuine issue of material fact existed regarding the existence of special circumstances.  OPINION HOLDS: On our review of the record, viewing the evidence in the light most favorable to the nonmoving party, we agree with the district court that no genuine issue of material fact exists on the question of whether special circumstances that would lead to Housby Mack’s liability.  We affirm the grant of summary judgment in favor of Housby Mack.

            Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (19 pages)

            Sommer Wasser appeals the grant of sole legal custody of the child to his father, Jeffrey Jacobson, and the reduction to her visitation.  She also requests appellate attorney fees.  OPINION HOLDS: Because we find no failure to do equity in the district court’s order granting Jeffery sole legal custody and reducing Sommer’s visitation, we affirm the order in all respects.

            Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J. and Mullins and May, JJ.  Opinion by Mullins, J.  (6 pages)

Michael Watson appeals the sentences imposed upon his criminal convictions.  He argues the court’s reliance on his unwillingness to accept responsibility for his actions was an improper sentencing factor, the sentences imposed were unreasonable, and his counsel rendered ineffective assistance in failing to advise testimony would be presented at the time of sentencing and not explaining his right of allocution.  OPINION HOLDS: Finding no cause for reversal, we affirm the sentences imposed.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED ON BOTH APPEALS AND REMANDED WITH DIRECTIONS.  Considered by Doyle, P.J., Schumacher, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            A mother and a father separately appeal the termination of their parental rights.  OPINION HOLDS: The child’s best interests are served by terminating the father’s parental rights, and there is no evidence that terminating the mother’s and the father’s parental rights would be detrimental to the child.  But the DHS was required to exercise due diligence to notify the child’s relatives of the transfer of the child’s custody, and nothing in the record indicates it did so.  We affirm the termination of both the mother’s and the father’s parental rights but remand to provide the child’s relatives with notice of the termination and their rights and options regarding the child’s placement.

            Appeal from the Iowa District Court for Harrison County, Jeffrey L. Larson, Judge.  AFFIRMED IN PART, AFFIRMED AS MODIFIED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Ahlers, J.  (14 pages)

            Jason Flick appeals the district court order granting his former spouse Mikaela Flick’s petition to modify the terms of their marriage dissolution decree and denying his own.  OPINION HOLDS: We affirm the district court’s decision to leave the joint-physical-care arrangement intact while modifying the parenting-time schedule to allow for alternating one-week periods and to allow each parent to choose the daycare provider while the child is in that parent’s care.  We agree with the district court that a right-of-first-refusal provision is appropriate, but we modify that provision.  We reverse the district court’s delegation of school-choice authority to the mother and remand for the district court to make that decision.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Franklin County, Peter B. Newell, District Associate Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and May, JJ.  Opinion by Doyle, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: We grant the mother’s request for delayed appeal but affirm the termination of her parental rights.  There is no basis for delaying permanency another six months, and the evidence shows terminating the mother’s parental rights is in the best interests of the children.

            Appeal from the Iowa District Court for Monona County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            A father appeals the adjudication of his children as children in need of assistance (CINA).  He argues (1) the juvenile court impermissibly delegated its authority to set visitation, (2) it is not in his child’s best interest to leave visitation at the discretion of the Iowa Department of Human Services (DHS), (3) the court should not have ordered him to produce his child’s cell phone or a corresponding report an expert prepared related to the phone, and (4) the State failed to establish statutory grounds for adjudication.  OPINION HOLDS: The juvenile court did not impermissibly delegate its authority to set visitation, and it was in the child’s best interest to permit DHS to manage the frequency and terms of visitation.  The court did not abuse its discretion in ordering the father to produce the phone and corresponding expert report.  The father waived his challenge to the grounds authorizing adjudication of one child.  And the father’s credibility challenge to other child is unsuccessful, so the grounds authorizing adjudication of the child as CINA are satisfied.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., Ahlers, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (6 pages)

            A mother and father separately appeal the termination of their respective parental rights to their child.  The parents argue termination is not in their child’s best interest and request additional time to work toward reunification.  OPINION HOLDS: Termination of both parent’s parental rights is in the child’s best interest.  We grant neither parent additional time to work toward reunification.