December 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buena Vista County, Shayne Mayer, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (6 pages)

            Methodist Manor Retirement Community appeals from the district court’s denial of its attempt to jump in line ahead of the Iowa Department of Health and Human Services as a creditor in Susan Rice’s estate.  OPINION HOLDS: Assuming Methodist Manor’s judgment lien could attach to Rice’s home, that would not happen until after her death and after identification of her estate for Medicaid-reimbursement purposes.  Therefore, Rice’s home was not encumbered by any judgment lien for purposes of the department’s Medicaid-reimbursement claim. 

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Nikulski Financial, Inc. (NFI) appeals the district court’s ruling that certain claims asserted by its former clients Alan and Susan Lewis (the Lewises) may be submitted to arbitration.  OPINION HOLDS: We grant the Lewises’ motion to dismiss the appeal for lack of jurisdiction and therefore do not reach NFI’s contentions on the merits.  With this appeal dismissed, arbitration shall proceed for the claims identified.

            Appeal from the Iowa District Court for Ida County, James N. Daane, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Ahlers, J., and Danilson, S.J.   Opinion by Ahlers, J. Dissent by Danilson, S.J.  (12 pages)

            A trustee appeals following a determination that the Iowa Department of Health and Human Services is entitled to reimbursement from a trust for Medicaid benefits provided to the trust beneficiary prior to her death.  OPINION HOLDS: The district court correctly determined the cost of the Medicaid benefits should be reimbursed by the trust under Iowa Code section 249A.53(2) (2021).  DISSENT ASSERTS: I disagree that Riessen’s trust provisions can be interpreted to identify an ascertainable or measurable standard upon which the beneficiary had an interest subject to recoupment by the State.  Thus, I would reverse.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (6 pages)

            Brandon and Michelle Downey appeal the district court’s entry of judgment notwithstanding the verdict on their claims against Carmen Miller.  OPINION HOLDS: We conclude the district court did not err and affirm.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED. Considered by Bower, C.J., Tabor, J., and Blane, S.J.  Opinion by Bower, C.J.  (8 pages)

            Brandon Skaggs appeals the custody and retroactive child-support rulings in his paternity action concerning the child he shares with Kodi Carson.  Kodi seeks an award of appellate attorney fees.  OPINION HOLDS: On our de novo review, we conclude the child is best served by remaining in Kodi’s physical care, and we discern no reason to modify the trial court’s order concerning retroactive child support.  We affirm and award appellate attorney fees.

            Appeal from the Iowa District Court for Grundy County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Carr, S.J.  Opinion by Bower, C.J.  (12 pages)

            James and Candice Fettkether brought a certiorari action in the district court, claiming the Grundy County Board of Supervisors acted illegally and unreasonably in denying their request for rezoning twelve and one-half acres of their land from A-1 agriculture district to R-2 suburban residence district.  The district court granted summary judgment to the Board, and the Fettkethers appeal.  OPINION HOLDS: Because the Board did not act illegally, its decision was supported by substantial evidence, and its action was not unreasonable, arbitrary, or capricious, we affirm the annulment of the writ of certiorari.

            Appeal from the Iowa District Court for Davis County, Shawn Showers, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., Tabor, J., and Doyle, S.J.  Opinion by Tabor, J.  (7 pages)

            Paul Fleetwood appeals his sentence for first-degree harassment, contending the district court considered an impermissible aggravating factor when imposing a two-year prison term.  OPINION HOLDS: Because the district court relied on information from the minutes of testimony that was neither admitted nor proved, the sentencing hearing was tainted.  We remand for resentencing before a different judge. 

            Appeal from the Iowa District Court for Audubon County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Keenan Nelson appeals the district court’s denial of his petition to modify physical care of E.N. and the denial of his request for joint physical care in the court’s initial order as to A.N.  In the alternative, he asks for more visitation time than the district court ordered.  Audrey Boeck, the children’s mother, asks for an award of appellate attorney fees.  OPINIONS HOLDS: We find joint physical care is not in the children’s best interests and confirm Audrey as the physical-care parent as to both children.  We modify visitation with Keenan to Tuesday overnights and alternating weekends, as Audrey requested at the district court.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Romonda Belcher, District Associate Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J.  (14 pages)

            A federally incarcerated father appeals the termination of his parental rights to his son.  OPINION HOLDS: Because we find a permissive exception applies, we reverse and remand for further reunification proceedings.

            Appeal from the Iowa District Court for Monroe County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (8 pages)

            A mother appeals a removal order, the children’s adjudication as children in need of assistance (CINA), and a dispositional order continuing the children’s placement outside the mother’s custody.  OPINION HOLDS: We find the mother’s claims related to the initial removal of the children to be moot.  Clear and convincing evidence supports the court adjudicating the children as CINA.  Finally, the court properly continued the children’s placement outside the mother’s custody in the dispositional order.  We affirm. 

            Appeal from the Iowa District Court for Wapello County, William Owens, Associate Juvenile Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Bower, C.J.  (7 pages)

            A mother contends the juvenile court’s finding that her children were children in need of assistance was improper because reasonable efforts were not made to prevent their removal from her custody.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Buller, JJ.  Opinion by Ahlers, J.  (6 pages)

            A father appeals the termination of his parental rights.  He challenges the statutory grounds for termination, argues termination is not in the child’s best interests, suggests an exception to termination should be applied, and requests additional time to work toward reunification.  OPINION HOLDS: A statutory ground authorizing termination is satisfied.  Termination is in the child’s best interests.  No permissive exception to termination applies, and we do not grant the father additional time to work toward reunification.