April 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Shelby County, Charles D. Fagan, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            A father appeals from the termination of his parental rights in a private termination action.  He claims the mother prevented him from having any contact with the child and he could not afford to pay child support.  OPINION HOLDS: Because the father did not attempt to visit the child or communicate with the child, we conclude the father’s absence from the child’s life was not the result of the mother’s interference.  The father’s failure to pay child support was not the result of good cause.  And termination is in the child’s best interest.

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED.  Considered by Bower, C.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Joshua James Shirbroun appeals the modification of a default decree dissolving his marriage to Trina Lynn Shirbroun.  Joshua contends the district court should have terminated his spousal support obligation and that it incorrectly calculated his child support payments.  OPINION HOLDS: Because Trina has demonstrated an ongoing need for spousal support and Joshua has failed to prove a substantial change in circumstances from the child support ordered, we affirm the district court’s modification of the dissolution decree.  We furthermore award Trina $7500 in appellate attorney fees.

            Appeal from the Iowa District Court for Cass County, Gary Anderson, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (4 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father failed to preserve his claim relating to the juvenile court judge’s review of transcripts of proceedings before a different juvenile court judge.  The mother proved termination is in the child’s best interest.

            Appeal from the Iowa District Court for Scott County, Tamra J. Roberts, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (4 pages)

            Tyrelle Richardson appeals his sentence, claiming the district court abused its discretion when it sentenced him to prison rather than probation.  OPINION HOLDS: We determine the district court did not abuse its discretion.  We affirm.  

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Stephen Wink appeals the consecutive sentences imposed following his guilty pleas, arguing the district court violated his federal and state due process rights by sentencing him without the use of a presentence investigation report.  OPINION HOLDS: Although Wink could not waive the creation of a presentence investigation report, long-standing case law allowed him to waive its use for sentencing purposes.  We affirm the sentences imposed by the district court. 

            Appeal from the Iowa District Court for Plymouth County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Kyle Hardie appeals from the district court’s dismissal of contempt proceedings he initiated against his former wife, Michelle Hardie.  OPINION HOLDS: We find no abuse of discretion in the trial court’s finding that Michelle was not in contempt or in its admission of the adult child’s relevant testimony.  We also find no constitutional violation in the court’s post-ruling, equal assessment of costs between the parties for the children’s mental-health counseling report.  Accordingly, we affirm on all three grounds, and we decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  DISMISSED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Richard Hruska appeals from an order granting summary judgment and denying his claim against his mother’s estate.  OPINION HOLDS: While the district court entered an early order without notice, the court vacated the order and entered a new, timely ruling when no notice was required.  Because the issue is moot, we dismiss this appeal.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (3 pages)

            A father appeals the establishment of a guardianship for his two children in this child-in-need-of-assistance proceeding.  He argues the juvenile court should have granted him more time to work toward reunification.  OPINION HOLDS: Given the father’s refusal to engage in services, we do not believe the need for removal would no longer remain after an additional six months.  So we do not grant the father additional time to work toward reunification.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            A father appeals a permanency order, which established a guardianship with the child’s maternal aunt.  The father claims the juvenile court failed to adequately weigh his parental preference.  OPINION HOLDS: The father’s parental preference was rebutted, and it is in the child’s best interest to establish a guardianship with the maternal aunt.

            Appeal from the Iowa District Court for Worth County, Adam D. Sauer, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (13 pages)

            A mother and father separately appeal the termination of their parental rights to one child.  OPINION HOLDS: With respect to the mother, we find DHS made reasonable efforts at reunification.  As for the father, we find that the required removal timeline was satisfied, the child could not be returned to his custody, and a six-month extension was not appropriate.  Having also concluded termination was in the child’s best interests and would not be detrimental to the child, we affirm termination of each party’s parental rights.

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

            A father appeals the termination of his parental rights.  He argues the State did not make reasonable efforts, the juvenile court should have established a guardianship in lieu of terminating his parental rights, and the closeness of the bond with his child overcomes the need for termination.  OPINION HOLDS: The father did not preserve his reasonable-efforts challenge.  Because termination of the father’s parental rights is in the child’s best interests, a guardianship in lieu of termination is not an option.  And while the child is strongly bonded with the father, he has not shown this bond overcomes termination being in the child’s best interests.

            Appeal from the Iowa District Court for Warren County, Brendan Greiner, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (4 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The statutory ground authorizing termination was satisfied.  We decline to apply a permissive exception to termination or to establish a guardianship as an alternative to termination.