July 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Schumacher, P.J., Badding, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (11 pages)

            Cathleen Hein appeals from an order modifying her dissolution decree.  She argues the district court should have awarded a larger postsecondary education subsidy for her oldest child and should not have retained jurisdiction to revisit the subsidy for future years.  She also challenges the modification of visitation and child support for her youngest child.  OPINION HOLDS: We do not grant any additional funds for the postsecondary education subsidy because Cathleen failed to provide the cost of attendance for university.  However we do not disturb the award because Ryan Hein did not file a cross-appeal.  We affirm the modification of visitation, but modify the decree to provide the child and Cathleen with two phone calls lasting at least fifteen minutes when the child is in Ryan’s care during the summer.  We also modify the decree so that Ryan receives the extraordinary visitation credit beginning in 2021 instead of 2020 and remand to the district court to recalculate child support accordingly.

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., Badding, J., and Vogel, S.J.*  Opinion by Vaitheswaran, P.J. (7 pages)

            Eliot Stowe appeals his first-degree murder conviction, arguing the district court should have found him not guilty by reason of insanity.  OPINION HOLDS: Because it was the district court’s prerogative to weigh and assign appropriate weight to the three expert opinions, we affirm the court’s findings and determinations with respect to those experts, the court’s conclusion on the insanity defense, and Stowe’s judgment and sentence for first-degree murder.

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

            A juvenile appeals the restitution order in a juvenile delinquency proceeding.  OPINION HOLDS: There is substantial evidence to support the juvenile court’s calculation of the restitution award.

            Appeal from the Iowa District Court for Hancock County, Gregg R. Rosenbladt, Judge. AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Tabor, P.J.  (9 pages)

            Justin Froiland appeals the district court decree awarding Katie Froiland physical care and on several financial provisions.  OPINION HOLDS: We defer to the district court’s determination that Katie was the more credible party, conclude the court equitably addressed the financial manners, and affirm the decree.  

            Appeal from the Iowa District Court for Scott County, Mark R. Fowler, Judge.  CONVICTIONS AFFIRMED, SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Greer, J., and Vogel, S.J.  Opinion by Vogel, S.J. (14 pages)

            Adam Roe appeals from his convictions and sentences for criminal mischief and assault.  OPINION HOLDS: Any error in the jury instructions did not result in prejudice, and the evidence is sufficient to support Roe’s convictions for criminal mischief in the second degree and assault, so we affirm his convictions.  However, the record does not contain a required waiver of in-person sentencing.  Therefore, we vacate Roe’s sentences and remand for resentencing, do not address the suspension of fines, and direct the court to not impose certain surcharges on resentencing.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Considered by May, P.J., Greer, J., and Carr, S.J.  Opinion by May, P.J.  (2 pages)

            Kevin Johnson appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: We can grant no relief because Johnson failed to preserve error.

            Appeal from the Iowa District Court for Marshall County, Kim M. Riley, District Associate Judge.  APPEAL DISMISSED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Scott, S.J.  Opinion by Scott, S.J.  (7 pages)

            Anthony Carty appeals his guilty pleas.  OPINION HOLDS: Because the plea form substantially complies with Iowa Rule of Criminal Procedure 2.8(2)(b) and Carty failed to move in arrest of judgment, we are without authority to hear the appeal. 

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  WRIT SUSTAINED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            David Lee Oltrogge appeals, asserting the district court abused its discretion in denying his application to modify sexual offender registration requirements.  OPINION HOLDS: Because the district court considered irrelevant and improper factors, we find the court abused its discretion in denying Oltrogge’s application to modify his sex-offender-registry requirements.  Without those irrelevant and improper factors, the factors that are left in the record support modifying those requirements.  We accordingly remand for an order granting Oltrogge’s application. 

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (7 pages)

            An injured worker appeals a judicial review order on his workers’ compensation petition.  OPINION HOLDS: We reverse the Workers’ Compensation Commissioner’s grant of a credit to the Second Injury Fund.  And we affirm the district court’s remand order.

            Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (20 pages)

            Dawn Stansbury appeals the grant of summary judgment in her sex-discrimination case—arguing she was constructively discharged on the basis of her sex—in favor of the Sioux City Community School District.  She claims she provided direct evidence. OPINION HOLDS: Stansbury failed to demonstrate she was subjected to intolerable working conditions, so we affirm the district court’s grant of summary judgment on her constructive discharge claim.  Taking the record in the light most favorable to Stansbury, we find she presented only indirect evidence that the District took adverse employment action against her because of her sex.  And, even assuming she established a prima facie case of sex discrimination, she could not show the reasons the District provided for her transfer were pretextual.  We affirm the district court.

            Appeal from the Iowa District Court for Black Hawk County, Andrea Dryer, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A former employee appeals the district court’s award of damages and attorney fees to his former employer for breach of his non-competition agreement.  OPINION HOLDS: We find no error at law in the enforcement of this non-compete clause or affiliate recovery by a party to the employment contract.  We furthermore find substantial evidence supports the district court’s decisions on causation and damage calculation.  No abuse of discretion occurred in the award of trial attorney fees, and we confer an additional award for appellate attorney fees. 

            Appeal from the Iowa District Court for Sioux County, Duane E. Hoffmeyer, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (39 pages)

            As it pertains to the parties and claims left on appeal, C2P Pigs, LLC (C2P) and C2P Pigs/Kingsley LLP (the partnership) brought suit against Agri Control Company, Inc. and Donald Fedie, who is the sole shareholder of Agri Control.  The plaintiffs alleged that Agri Control breached the management services agreement it entered into with the partnership, Agri Control and Fedie made fraudulent misrepresentations to C2P and the partnership, and Agri Control and Fedie breached their fiduciary duties to C2P and the partnership.  The jury found in favor of the plaintiffs on each claim, awarding C2P $300,000 and the partnership $660,000.  On appeal, the defendants argue that either their motion for directed verdict or their motion for new trial should have been granted on two of the underlying claims—they do not contest that Agri Control breached the management services agreement.  They also challenge some jury instructions, the award of damages, and the jury’s decision that Agri Control’s corporate veil should be pierced to make Fedie personally responsible for the breach-of-contract judgment against Agri Control.  OPINION HOLDS: The defendants have not shown the district court committed a reversible error; we affirm the judgment against them.