April 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Floyd County, DeDra Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother appeals a child custody decision awarding primary physical care of her child to his father.  OPINION HOLDS: Having reviewed the record, we find primary physical with his father to be in the child’s best interests and affirm the district court’s decision.

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  AFFIRMED AS MODIFIED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by May, P.J.  (6 pages)

            Dan Barr appeals from the decree dissolving his marriage to Kelly Barr.  On appeal, he argues the district court should not have awarded Kelly spousal support.  Both parties seek appellate attorney fees.  OPINION HOLDS: The district court’s award of spousal support is beyond the equitable range, so we reduce it.  We decline to award either party appellate attorney fees.

            Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  Dissent by Greer, J.  (22 pages)

            The district court granted summary judgment to Wapello County on a breach-of-contract claim, finding the McNeals waived their right to contest the county’s removal of “derelict” vehicles.  OPINION HOLDS: Summary judgment was improperly granted.  We reverse and remand.  DISSENT ASSERTS: I dissent because I agree with the district court’s interpretation of the settlement agreement’s terms; nothing in the contract gave the McNeals a right to dispute the county’s discretion over the determination of what derelict vehicles needed to be removed to the county’s satisfaction.  I would affirm the district court's ruling on summary judgment.

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Bower, C.J.  (16 pages)

            Arising from an interpleader action filed by the University of Dubuque, Sharon Fairchild appeals the district court decision concerning the distribution of employee retirement plan benefits of her former spouse, the late Richard E. Cowart Jr.  Robilyn Cowart cross-appeals the district court’s ruling denying her request for attorney fees.  OPINION HOLDS: We affirm the district court on both issues.

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED ON BOTH APPEALS, AND REMANDED.  Considered by Tabor, P.J., Greer, J., and Carr, S.J.  Opinion by Carr, S.J.  (9 pages)

            Stephen Tullis appeals the spousal support provision in the parties’ dissolution decree.  Cathy Tullis cross-appeals, asking for an increase in the award of trial attorney fees and for an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s ruling requiring Stephen to pay $800 per month in spousal support.  We also affirm the award of trial attorney fees.  We remand to the trial court to determine Cathy’s appellate fees.

            Appeal from the Iowa District Court for Des Moines County, John M. Wright, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (17 pages)

            Stone Graham appeals his convictions for assault on a peace officer with a firearm and assault with intent to inflict serious injury.  He contends the court violated his right against double jeopardy when it sentenced him to consecutive sentences on the two convictions.  He also claims evidence was admitted that was not relevant and unduly prejudicial.  OPINION HOLDS: We find the offenses do not merge.  Further, the district court did not abuse its discretion when admitting evidence.  We affirm.  

            Appeal from the Iowa District Court for Clay County, Charles Borth, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Tabor, J., and Gamble, S.J.  Opinion by Vaitheswaran, P.J. (10 pages)

            Nathan Tesch claims he was denied his right to a speedy trial under the Iowa and federal Constitutions and challenges the relevance and sufficiency of the evidence supporting his theft conviction.  OPINION HOLDS: The State did not violate the speedy-trial provisions of the United States Constitution or the Iowa Constitution.  The clinic office manager’s testimony regarding the replacement value of the safe was also relevant and substantial evidence of the value element of Tesch’s theft conviction. 

            Appeal from the Iowa District Court for Carroll County, Adria Kester and Gina Badding, Judges.  AFFIRMED.  Considered by Bower, C.J., Schumacher, J., and Doyle, S.J.  Badding, J., takes no part.  Opinion by Doyle, S.J.  (9 pages)

            Brice Shrimpton appeals from his conviction of second-degree burglary claiming insufficient evidence and that the court considered an improper factor in sentencing him.  OPINION HOLDS: Viewing the evidence in a light most favorable to the State and the verdict, as we must, we find the evidence was sufficient to convince a rational jury that Shrimpton had the specific intent to commit an assault when he broke into the home.  The court’s consideration of Shrimpton’s lack of remorse for prior offenses is not grounds for vacation of the sentence.

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  REVERSED AND REMANDED.  Considered by Schumacher, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (8 pages)

            The plaintiffs appeal the dismissal of their petition due to a forum-selection clause.  OPINION HOLDS: Based on the record properly before us on a motion to dismiss, the forum-selection clause provides no bar to the plaintiffs pursuing and developing their claims in Iowa courts.

            Appeal from the Iowa District Court for Clayton County, Alan Heavens, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            Luana Savings Bank appeals the district court’s order granting judgment in favor of John Eveland regarding a tax sale, right of redemption, and issuance of a tax deed.  OPINION HOLDS: We conclude Eveland satisfied the requirements of Iowa Code sections 447.9 and .12 (2019) and was entitled to a tax deed, and we affirm the court’s order.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (20 pages)

            James Butler appeals the dismissal of his action against doctors and their employers based on his failure to substantially comply with the certificate-of-merit-affidavit requirement of Iowa Code section 147.140 (2020).  He contends the defendants waived their right to receive the affidavit by engaging in discovery before the deadline, that he substantially complied with the statute, and that expert witnesses were unnecessary for several claims.  OPINION HOLDS: We find the statute does not have a waiver provision.  We also find no substantial compliance.  Finally, because Butler needed expert witness testimony to establish each of his claims, section 147.140 applied, and the district court correctly dismissed the entire suit.

            Appeal from the Iowa District Court for Hamilton County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Greer, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (12 pages)

            Alanna Black appeals the decree dissolving her marriage to David Black, challenging the district court’s award of physical care of the parties’ two children to David.  Alternatively, she requests expanded visitation.  OPINION HOLDS: Finding no cause for modifying the district court’s decree based on the issues raised on appeal, we affirm.