June 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Adams County, Bradley McCall, Judge.  REVERSED AND REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (8 pages)

            Miltner Insurance Services, LLC (Miltner) appeals a district court decision denying its breach-of-contract claim against Casey Roberts in relation to a non-piracy agreement.  OPINION HOLDS: We find the district court’s denial of relief under Miltner’s breach-of-contract claim was error.  We reverse and remand the case to the court to determine the damages and other relief to which Miltner is entitled.

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Bower, C.J., Ahlers, J., and Blane, S.J.  Chicchelly, J., takes no part.  Opinion by Blane, S.J.  (4 pages)

            Nathan Rath appeals the default judgment and damages against him arguing plaintiff Nicholas Liberko did not prove his piercing-the-corporate-veil claim against him.  OPINION HOLDS: Rath failed to preserve his issue for appeal.  We affirm.

            Appeal from the Iowa District Court for Polk County, Coleman J. McAllister, Judge.  AFFIRMED.  Considered by May, P.J., Chicchelly, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Raysean Nelson appeals his conviction for criminal gang participation enhanced as a habitual offender.  OPINION HOLDS: He asserts that there was insufficient evidence to show he participated in a street gang or was an active member of one.  We find the evidence was sufficient to support a finding by a jury that Nelson actively participated in a gang.  We affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Scott, S.J.  Opinion by Ahlers, J.  (8 pages)

            Dukan Wuol appeals the denial of his motion to suppress and the exclusion of evidence at his suppression hearing.  OPINION HOLDS: The district court properly denied Wuol’s motion to suppress as there was reasonable suspicion to stop his vehicle.  The evidence offered at his suppression hearing was properly excluded under Iowa Rule of Evidence 5.608(b).

            Appeal from the Iowa District Court for Washington County, Crystal S. Cronk, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            In a wrongful death action stemming from a house fire, the administrators of the estate contend summary judgment should not have been granted in favor of the State because the State is not protected by discretionary-function immunity.  OPINION HOLDS: Summary judgment was properly granted as both prongs of the discretionary-function-immunity test are satisfied.

            Appeal from the Iowa District Court for Adams County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            William Coleman appeals his convictions for interference with official acts and assault on a peace officer, contending the district court erred in denying his second suppression motion and in refusing to submit his requested jury instruction on a defense of justification.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            A father appeals the grant of a motion to vacate a provision of a custody order granting him the right of first refusal when the custodial parent, the mother, needs childcare.  The father also appeals the district court’s denial of his application to hold the mother in contempt for violating this provision.  OPINION HOLDS: Because substantial evidence supports the factual findings of the district court that the father and his attorney perpetrated extrinsic fraud in the execution of the custody stipulation, we affirm the district court’s vacation of that provision.  We also find no abuse of discretion in the district court’s denial of the contempt application.  The added provision was too vague to enforce as written.  Finally, we find the mother is entitled to an award of attorney fees and remand for a determination of a reasonable amount. 

            Appeal from the Iowa District Court for Wapello County, Myron Gookin, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (5 pages)

            A father appeals the jurisdictional dismissal of his modification petition in a child custody action.  OPINION HOLDS: Because the child does not have a significant connection to Iowa and substantial evidence regarding the child’s welfare is likely not available in this state, the district court correctly dismissed the petition for lack of subject matter jurisdiction.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (5 pages)

            Deanthony Echols appeals his sentence for two counts of domestic abuse assault and harassment in the first degree, alleging the district court abused its sentencing discretion in not granting probation.  OPINION HOLDS: Because the court weighed many factors, including the need to deter future violence against the two victims, we find a proper exercise of discretion and affirm. 

            Certiorari to the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  WRIT SUSTAINED AND CASE REMANDED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (17 pages)

            A law firm seeks certiorari review of a district court order imposing monetary sanctions.  OPINION HOLDS: We find the district court did not abuse its discretion in concluding a sanction was appropriate.  But we do not agree with all of the grounds on which the district court based its decision to sanction.  So we remand with instructions to reconsider the amount of the sanction.

            Appeal from the Iowa District Court for Wapello County, William S. Owens, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A mother and a father separately appeal the termination of their parental rights to one child.  OPINION HOLDS: There is no evidence on which to find that the need for removal will no longer exist if the parents are granted additional time.  Termination is in the child’s best interests, and the mother failed to show termination will be detrimental to the child.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (2 pages)

            Thuan Tran appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Tran’s application was filed beyond the three-year statute of limitations found in Iowa Code section 822.3 (2021).  And we do not adopt equitable tolling.