Filed Apr 28, 2021
View Opinion No. 19-1898
View Summary for Case No. 19-1898
Appeal from the Iowa District Court for Clinton County, Mark Fowler, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (4 pages)
Jeffery Shockey appeals his prison sentence following his guilty plea to credit card fraud as a habitual offender. He argues the district court should have granted him probation as recommended by the presentence investigation report. OPINION HOLDS: The district court relied on appropriate factors in rejecting Shockey’s request for probation—including his prior felony offenses, lack of remorse, mature age, and prospects for succeeding on probation. We affirm the sentence.
Filed Apr 28, 2021
View Opinion No. 19-2127
View Summary for Case No. 19-2127
Appeal from the Iowa District Court for Buena Vista County, Don E. Courtney, Judge. AFFIRMED AS MODIFIED. Heard by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Bower, C.J. (27 pages)
The defendants appeal from the district court’s ruling in this action for an accounting and declaratory judgment. The defendants contend equitable relief for partial liquidation should not be allowed, the court’s ruling provides for a double recovery of $75,000, and the interest rates and dates of accrual should be modified. OPINION HOLDS: We affirm the court’s decree in all respects with one exception. We modify the language of decretal paragraph 2(e), which shall provide: “Interest on the Capital Interest amount shall accrue at the statutory rate for interest on judgments from and after November 29, 2019.”
Filed Apr 28, 2021
View Opinion No. 19-2136
View Summary for Case No. 19-2136
Appeal from the Iowa District Court for Wright County, DeDra Schroeder, Judge. AFFIRMED. Considered by Mullins, P.J., and May and Schumacher, JJ. Opinion by Schumacher, J. Partial Dissent by Mullins, P.J. (18 pages)
Jason Sikyta appeals the decree dissolving his marriage to Adriana Sikyta. He argues the court’s award of spousal support in his favor is inadequate, the property distribution is inequitable, and the court erred in awarding Adriana the dependency deductions for the parties’ two minor children. He also asserts the district court should have required that Adriana refinance the mortgage on the marital home. Both parties request an award of appellate attorney fees. OPINION HOLDS: Finding no failure to do equity, we affirm the district court’s decree. Both parties’ requests for appellate attorney fees is denied, and costs on appeal are assessed to Adriana. PARTIAL DISSENT ASSERTS: I concur with the majority on all issues except the amount and duration of the spousal support award. In my view, under these facts, and considering the statutory factors governing spousal support awards, equity requires more than ordered by the district court and affirmed by the majority.
Filed Apr 28, 2021
View Opinion No. 20-0027
View Summary for Case No. 20-0027
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED ON APPEAL; AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON CROSS-APPEAL. Heard by Bower, C.J., and Doyle and Mullins, JJ. Opinion by Bower, C.J. (18 pages)
Rukhsana Drahozal appeals the district court’s ruling upholding the decision by the Iowa Workers’ Compensation Commissioner. She seeks a finding of permanent total disability and additional penalty benefits. Envoy Air, Inc., doing business as American Airlines Group, and its insurer New Hampshire Insurance Company cross-appeal the same ruling, claiming Drahozal only sustained scheduled injuries, did not establish an industrial disability, the commissioner should not have awarded penalty benefits, and Drahozal was not entitled to healing-period benefits. OPINION HOLDS: We affirm the commissioner’s ruling on industrial disability and healing-period benefits. We affirm in part and reverse in part the commissioner’s penalty-benefits ruling and remand to the district court with instructions.
Filed Apr 28, 2021
View Opinion No. 20-0356
View Summary for Case No. 20-0356
Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge. AFFIRMED. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. (8 pages)
Miguel Chivalan appeals his convictions for interference with official acts and disarming a peace officer of a dangerous weapon. OPINION HOLDS: Chivalan has not demonstrated error in the jury instructions. Nor has he shown there was insufficient evidence to support his convictions. We affirm.
Filed Apr 28, 2021
View Opinion No. 20-0629
View Summary for Case No. 20-0629
Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge. DISTRICT COURT ORDER VACATED AND REMANDED. Considered by Tabor, P.J., Mullins, J., and Scott, S.J. Opinion by Scott, S.J. (9 pages)
Gabriel Jauregui appeals an order for victim restitution following his guilty-plea conviction. He claims the “district court erred in assessing restitution which was not causally related to the admitted acts underlying the offense of conviction, and in an amount unsupported by the evidence.” OPINION HOLDS: We find Jauregui’s conduct was a factual cause of the damages and the harm falls within the scope of liability. We determine only an award in the amount of $1900.00 is supported by substantial evidence. We vacate the district court’s restitution order and remand the matter to the district court to enter an order for restitution in that amount.
Filed Apr 28, 2021
View Opinion No. 20-0644
View Summary for Case No. 20-0644
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Wittig, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Greer, J. (6 pages)
Kevin Fink challenges the district court’s sentence, imposing three two-year prison terms for three counts of domestic abuse assault to run consecutively, arguing the sentence was excessive. OPINION HOLDS: Because we find no abuse of discretion in the district court’s sentencing decision, we affirm.
Filed Apr 28, 2021
View Opinion No. 20-0762
View Summary for Case No. 20-0762
Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge. AFFIRMED ON APPEAL AND CROSS-APPEAL. Considered by May, P.J., and Greer and Schumacher, JJ. Opinion by May, P.J. (9 pages)
Alba Maldonado appeals and Orville Gardner cross-appeals the district court’s order dismissing Maldonado’s petition for modification of physical care and child support provisions of their dissolution decree. OPINION HOLDS: We find no grounds to disturb the district court’s order. And we decline to award either party appellate attorney fees.
Filed Apr 28, 2021
View Opinion No. 20-0802
View Summary for Case No. 20-0802
Appeal from the Iowa District Court for Linn County, Mary E. Chicchelly, Judge. AFFIRMED. Heard by Doyle, P.J., and Mullins and May, JJ. Opinion by Doyle, P.J. (12 pages)
Andrew Lennette, individually and on behalf of his minor children, appeals the order granting summary judgment in favor of Grace C. Mae Advocate Center (GCM) on claims of negligence, breach of fiduciary duty, and interference with the parent-child relationship. OPINION HOLDS: I. Because there is no showing GCM acted in bad faith, it is immune from liability for its role in reporting or aiding in the investigation of child abuse allegations made against Andrew. II. The record does not support a finding that GCM knowingly failed to report suspected abuse by the children’s mother. III. Standalone claims of professional negligence and breach of fiduciary duty fail because they stem from the same conduct for which GCM has qualified immunity.
Filed Apr 28, 2021
View Opinion No. 20-0820
View Summary for Case No. 20-0820
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (7 pages)
A defendant appeals his sentence following guilty pleas to two controlled substance charges. OPINION HOLDS: We find the district court did not abuse its discretion in sentencing Caulker to a term of imprisonment on each charge. The court did not rely on clearly untenable or unreasonable grounds for the sentence. Finding no abuse of discretion by the district court, we affirm.
Filed Apr 28, 2021
View Opinion No. 20-0876
View Summary for Case No. 20-0876
Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., Tabor, J., and Mahan, S.J. Opinion by Vaitheswaran, P.J. (5 pages)
Curnet Brewer appeals his conviction for possession of a controlled substance with intent to deliver, as a second or subsequent offender, arguing the district court should have granted him a new trial. OPINION HOLDS: We conclude the district court did not abuse its discretion in denying Brewer’s new-trial motion.
Filed Apr 28, 2021
View Opinion No. 20-1060
View Summary for Case No. 20-1060
Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Tabor and Ahlers, JJ. Opinion by Tabor, J. (4 pages)
Joshua Corcoran appeals his sentences after pleading guilty to three crimes. He argues the district court should have suspended his sentences based on mitigating factors and placed him on probation to receive substance-abuse treatment. OPINION HOLDS: Because the court properly considered all pertinent factors in choosing the sentences, we affirm.