August 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Potterfield, S.J.  Opinion by Tabor, J.  (6 pages)

            A former husband appeals the district court ruling his motion to vacate his dissolution is time-barred.  The court also ruled, because the claim is based on intrinsic fraud, equitable relief is not available to him.  OPINION HOLDS: The district court correctly determined the fraud would have been intrinsic to the dissolution action and, as such, the husband could not bring his claim more than one year after the decree.  We agree his claim is time-barred and affirm. 

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J. (3 pages)

            Earl Gilmore appeals his sentence for domestic abuse assault by strangulation causing bodily injury.  OPINION HOLDS: The district court considered proper sentencing factors and fully explained its reasons for the sentence imposed.  Even considering Gilmore’s mitigating factors, the sentence was within the court’s discretion.  We find no abuse of that discretion and affirm Gilmore’s sentence.

            Appeal from the Iowa District Court for Union County, Elisabeth Reynoldson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (6 pages)

            A father appeals the custody decree awarding the mother physical care of their child.  He contends he is better able to serve the child’s long-term interests.  OPINION HOLDS: After considering the child’s continuity of care and educational needs, we affirm the district court. 

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J. (5 pages)

            Adam Schaefer appeals his conviction for possession with intent to deliver methamphetamine.  OPINION HOLDS: We find the evidence sufficient to establish constructive possession and affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  CONVICTION AFFIRMED, SENTENCE VACATED, AND REMANDED FOR RESENTENCING.  Considered by Ahlers, P.J., Chicchelly, J., and Danilson, S.J.*  Opinion by Chicchelly, J.  Special concurrence by Danilson, S.J.  (7 pages)

            Reginald Doss appeals his conviction and sentence for possession of marijuana with intent to deliver, in violation of Iowa Code section 124.401(1)(d) (2021).  OPINION HOLDS: Because sufficient evidence supports the defendant’s conviction and error was not preserved on his evidentiary challenge, we affirm Doss’s conviction.  We vacate Doss’s sentence and remand for resentencing due to an erroneous application of the law. SPECIAL CONCURRENCE ASSERTS: I concur specially to add that the validity of a sentencing order where the defendant’s presence is waived is highly dependent on the paper trail leading up to the issuance of the sentencing order. 

            Appeal from the Iowa District Court for Wright County, Gregg Rosenbladt, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Ryan Redenius appeals the modification and extension of a final domestic abuse protective order issued under Iowa Code chapter 236 (2020) to protect his estranged wife, Kara Redenius.  OPINION HOLDS: Kara met her burden of showing Ryan continued to pose a safety threat to warrant the modification and extension of the protective order.  Iowa Code section 236.5(4) does not authorize an award of Ryan’s appellate attorney fees, but Kara is entitled to an award of her appellate attorney fees.  Because the record on appeal is incomplete as to the parties’ earnings, we remand to the district court for further proceedings to determine the amount of appellate attorney fees to award Kara.

            Appeal from the Iowa District Court for Dallas County, Randy V. Hefner, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., and Tabor and Schumacher, JJ.  Opinion by Tabor, J.  (6 pages)

                       The defendant appeals his sentences contending the court failed to explain its imposition of consecutive sentences.  OPINION HOLDS: Seeing no reasons offered on the record for consecutive terms, we vacate the sentences and remand for resentencing.

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (16 pages)

            Cory Plants appeals from the order establishing paternity, custody, visitation rights, and the child-support obligation, which gave physical care of the parties’ minor child to the mother, Natascha Kelderman.  Cory argues he should be awarded physical care.  In the alternative, if we affirm physical care in Natascha, he asks that we increase his scheduled parenting time with A.P.  Natascha asks for an award of appellate attorney fees.  OPINION HOLDS: We affirm physical care in Natascha, modify the visitation schedule to add parenting time on a Friday or Monday that is adjacent to Cory’s weekend when A.P. does not have school, and deny Natascha’s request for appellate attorney fees. 

            Appeal from the Iowa District Court for Muscatine County, John D. Telleen, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (4 pages)

            Sara Carmona appeals the sentences imposed after pleading guilty to possession of methamphetamine with intent to deliver and operating while intoxicated.  OPINION HOLDS: Because the district court provided valid reasons for rejecting probation and the evidence supports the sentences imposed, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (17 pages)

            David Sokol appeals the decree dissolving his marriage to Rachael Sokol.  He contends the court erred in providing Rachael tie-breaking authority within the award of joint legal custody.  He also claims the court erred in its property distribution, the amount and duration of spousal support, and in declining to award David trial attorney fees.  On appeal, both parties request appellate attorney fees.  OPINION HOLDS: We determine the district court improperly awarded Rachael tie-breaking authority in its joint-custody arrangement and its award of spousal support was inequitable.  We affirm the court’s property distribution and the court’s refusal to award David trial attorney fees.  We remand for an award of reasonable appellate attorney fees to David.  

            Appeal from the Iowa District Court for Floyd County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            The Estate of Roberta Ann Butterfield appeals the district court’s dismissal of its claims against Chautauqua Guest Home, Inc. for failure to provide a certificate of merit affidavit pursuant to Iowa Code section 147.140 (2020).  The Estate contends it was not required to submit an affidavit under the statute, and if such an affidavit was required, then (1) the parties impliedly contracted out of the requirement, (2) Chautauqua waived the requirement, (3) the Estate substantially complied with the requirement, and/or (4) Chautauqua should be estopped from dismissal.  OPINION HOLDS: Finding an affidavit was required and failure to supply one was not relieved by the actions of either party, we affirm the dismissal.

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord III, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  (9 pages)

            The father appeals the private termination of his parental rights in an action brought by the child’s legal custodian to allow the child’s adoption.  The child’s mother, who voluntarily terminated her rights, joins the custodian in supporting termination of the father’s rights based on abandonment.  OPINION HOLDS: Because the custodian proved the father’s actions did not show a commitment to the child when he knew of the mother’s pregnancy nor after the child’s birth, the custodian proved abandonment.  We affirm.