2021 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lee (North) County, John M. Wright, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Matthew Howe appeals the district court’s dissolution of marriage decree granting the parents joint physical care of their two children.  OPINION HOLDS: Due to the mother’s methamphetamine addiction and other concerns, we agree physical care of the children should be placed with Matthew.  Therefore, we modify the dissolution decree accordingly and remand for further proceedings.

            Appeal from the Iowa District Court for Scott County, Thomas Reidel, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (11 pages)

            Tre Desean Henderson appeals his convictions for first-degree murder and child endangerment—multiple acts, as well the jury’s guilty verdict as to child endangerment resulting in death, which merged with the murder conviction.  OPINION HOLDS: Finding sufficient evidence to support the jury verdict, we affirm Henderson’s convictions.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Lowe’s Home Centers, LLC appeals the district court’s ruling on judicial review affirming the Property Assessment Appeal Board’s valuation of its Waterloo property at $8,898,790.  Lowe’s argues the PAAB violated Iowa law by adopting an appraisal of the property at its “current use,” erred in interpreting Iowa law, and the improper interpretation and application of law violated Lowe’s due process rights under the United States Constitution.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by May, J.  (5 pages)

            John Deere Davenport Works (Deere) appeals from a district court ruling affirming the Iowa Workers’ Compensation Commissioner’s denial of its affirmative defense.  OPINION HOLDS: The district court and Iowa Workers’ Compensation Commissioner correctly rejected Deere’s affirmative defense under Iowa Code section 85.23 (2016).

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED AND REMANDED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (17 pages)

            James Wessels appeals the district court order modifying the child support and expense sharing provisions of the decree dissolving his marriage to Mary Wessels and the dismissal of his contempt petition filed against her.  On appeal, James argues (1) the district court erred by finding a substantial change of circumstances had occurred which justified a modification; (2) the district court erred by dismissing his contempt action; and (3) the district court erred by awarding Mary $1000 in trial attorney fees.  Although Mary did not cross-appeal, she seeks an award of appellate attorney fees.  OPINION HOLDS: We find Mary met her burden of establishing a substantial change in circumstances warranting modification of the child support provisions of the original decree.  Therefore, we affirm the district court’s modification order in all respects with regard to child support and children’s expenses, including the expense-sharing provisions, the uncovered medical expense division provisions, and the imposition of a $560 monthly child support obligation owed by James.  The district court did not abuse its discretion in ordering James to pay $1000 of Mary’s trial attorney fees.  We remand for the sole purpose of determining James’s obligation for Mary’s appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED IN PART AND REMANDED FOR FURTHER PROCEEDINGS ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered by Bower, C.J., and Vaitheswaran and Greer, JJ.  Opinion by Greer, J.  (20 pages)

            After sustaining a work injury to her right wrist in July of 2016, April Clark received benefits under the workers’ compensation system.  Now, Clark advances a claim for additional entitlement to penalty benefits under Iowa Code section 86.13(4)(c) (2017).  Her employer, Winnebago Industries (Winnebago), contends the commissioner and district court properly denied her request because the company had a reasonable basis for initially delaying benefit payments to Clark.  Winnebago cross-appeals over three issues it asserts were not supported by substantial evidence: (1) error in finding permanent disability, (2) error in calculating the benefit rate and (3) error in awarding alternate medical care.  OPINION HOLDS: We affirm in part on appeal; we find no basis for an award to Clark of penalty benefits arising from the appropriate benefit rate for a married injured worker and no basis for an award to Clark for penalty benefits related to the failure to pay permanency benefits because that issue was fairly debatable.  On the other hand, we remand for a determination on the applicability of a penalty for the underpayment of temporary benefits.  We affirm on cross-appeal because substantial evidence supports the commissioner’s finding of a permanent injury and the compensation rate calculated at the married rate.  With that determination in hand and reviewing the record as a whole, we affirm the award of alternate medical care.

            Appeal from the Iowa District Court for Cerro Gordo County, Rustin T. Davenport, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (10 pages)

            Jacob Schmitt appeals his conviction for third-degree burglary.  He claims the State offered insufficient proof that he did not have permission or authority to enter his friend’s private bedroom or remain in the house.  OPINION HOLDS: Because substantial evidence supports the verdict on both the “entering” and “remaining-over” alternatives, we affirm his conviction. 

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (5 pages)

            Maylin Reverol appeals the child custody provisions of the decree dissolving her marriage to Luis Reverol.  OPINION HOLDS: Because the evidence shows Luis is better able to provide for the children’s best interests, we affirm the custody provisions of the decree.  We decline to award Luis appellate attorney fees and tax costs of the appeal to Maylin.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (4 pages)

            Femi Hill appeals the sentences imposed after she plead guilty to theft in the second degree and unauthorized use of a credit card.  OPINION HOLDS: The district court acted within its discretion in imposing Hill’s sentence.

            Appeal from the Iowa District Court for Clay County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, P.J.  (7 pages)

            Northwest Iowa Mental Health Center, d/b/a Seasons Center for Behavioral Health (Seasons), appeals the district court order granting summary judgment in favor of G. William Phelps.  OPINION HOLDS: On our review of the record, the facts of this case reveal Phelps intended for the trade fixtures to be used in support of his dental practice.  There are no facts showing he intended for the trade fixtures to become permanently affixed to the property.  Because no genuine issue of material fact remains regarding whether the trade fixtures were permanently affixed to the property and should have remained, we agree with the district court’s order granting summary judgment in favor of Phelps. 

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J. (4 pages)

            Jonathan Gines appeals his conviction for child endangerment resulting in bodily injury.  Gines claims the court improperly relied on facts in the minutes of testimony to which he did not admit when imposing sentence.  OPINION HOLDS: We affirm.

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

            Dan Schwabe appeals the sentences imposed upon his dual convictions of operating while intoxicated, one as a third offense and one as a first offense.  He argues “the district court denied [him] the right to meaningful allocution at sentencing.”  OPINION HOLDS: We find Iowa Rule of Criminal Procedure 2.23(1)(d) was satisfied and affirm the sentences imposed.