2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Wayne County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Debra George appeals the property distribution following the dissolution of her marriage to Derek George and asks for appellate attorney fees.  OPINION HOLDS: We affirm the district court’s dissolution decree but, taking into account gifted and inherited property, modify the equalization payment of the property division to Debra to the sum of $626,196.19.  We decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., Tabor, J., and Scott, S.J.  Opinion by Tabor, J.  (8 pages)

            In this interlocutory appeal, we must decide if good cause existed to extend the deadline to serve Joseph Johnston’s petition on defendant Hollie McCargar.  McCargar contends the district court erred in finding that Johnston’s settlement negotiations with her insurer justified an extension.  OPINION HOLDS: After examining all the facts surrounding Johnston’s failure to serve McCargar within ninety days, we find “understandable mitigating circumstances” amounting to good cause.  Rucker v. Taylor, 828 N.W.2d 595, 603 (Iowa 2013).  We thus affirm the denial of McCargar’s motion to dismiss.

            Appeal from the Iowa District Court for Scott County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (4 pages)

            Johnnie Campbell appeals following a district court order on his application for default judgment in this Iowa Code chapter 600B (2019) proceeding to establish paternity, custody, and visitation.  OPINION HOLDS: Because Campbell’s appellate brief does not include an argument section explaining his position on appeal, we cannot address the substance of his appeal.

            Appeal from the Iowa District Court for Adair County, Terry Rickers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages).

            A parent, individually and as the next of friend for her daughter, appeals a district court’s order granting the City of Greenfield’s motion to dismiss her claims of negligence and strict liability arising from a dog bite.  OPINION HOLDS: We affirm the dismissal, finding the petition fails to state a claim upon relief could be granted. 

            Appeal from the Iowa District Court for Boone County, Christopher C. Polking, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J. (5 pages)

            Maurice Olanders Loyd appeals his conviction for third-degree sexual abuse.  OPINION HOLDS: The trial court did not err by admitting into evidence a body camera video of the complaining witness’s statements to a deputy sheriff.  The statements fall under the excited utterance exception to the hearsay rule and were merely cumulative to the witness’s trial testimony.

            Appeal from the Iowa District Court for Palo Alto County, Charles Borth, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Bower, C.J., Tabor, J., and Mullins, S.J.  Buller, J., takes no part.  Opinion by Tabor, J.  Partial Dissent by Mullins, S.J.  (14 pages)

            Gary Jensen appeals his sentence following conviction for failure to register as a sex offender as a second offense.  He contends the sentencing court applied a sentencing enhancement with neither a stipulation nor proof of a prior conviction and refused to credit his time in pretrial custody.  OPINION HOLDS: Because the record includes no admission to a previous conviction and the State did not prove a prior offense beyond a reasonable doubt, we vacate Jensen’s felony sentence and remand for resentencing.  We also vacate the order denying jail credit and direct the court to credit Jensen for any days he already served.  PARTIAL DISSENT ASSERTS: I concur in the part of the majority opinion that requires the district court to give credit for time served in county jail.  I respectfully part with the majority on the remainder of the opinion and would dismiss the appeal as to the remaining claims that actually challenge the conviction following the guilty plea as opposed to the sentence for lack of good cause.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (12 pages)

            Nathaniel Miller appeals the district court’s ruling granting Drake University’s motion for summary judgment.  He claims the court should have provided more time for electronic discovery.  He also asserts the court wrongly found there were no genuine issues of material fact.  OPINION HOLDS: We find Miller failed to properly request a continuance to conduct more discovery.  Furthermore, summary judgment was appropriate.  We affirm. 

            Appeal from the Iowa District Court for Washington County, Shawn R. Showers, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Andrew Swailes appeals his conviction for third-degree sexual abuse.  OPINION HOLDS: Swailes did not preserve for our review of his claim that the trial court erred by denying his motion for mistrial when he invited the error he complains of on appeal.  Because Swailes failed to show the complaining witness made prior false accusations of sexual abuse, the district court did not abuse its discretion by denying him the opportunity to question a witness about it.

            Appeal from the Iowa District Court for Dubuque County, John Bauercamper, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (13 pages)

            Dale Mangers appeals, and his neighbor Betty Thill (individually and on behalf of the Betty J. Thill Trust) cross-appeals, from the dismissal of competing trespass and nuisance claims in this drainage dispute.  OPINION HOLDS: We conclude that Mangers failed to preserve error on his request for injunctive relief—the sole issue he raises on appeal.  As for Thill’s cross-appeal, we find on our de novo review of the record that she did not prove that Mangers substantially changed the method or manner of the natural water flow.  The district court’s ruling dismissing the parties’ claims is accordingly affirmed.

            Appeal from the Iowa District Court for Muscatine County, Patrick A. McElyea, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (6 pages)

            Antonio Cooks appeals from the summary dismissal of his application for postconviction relief (PCR).  OPINION HOLDS: We find no PCR claim that survives the summary-disposition standards, as the theories urged by Cooks were either already decided by a panel of our court or Cooks failed to justify why they were not raised on direct appeal.  Because Cooks raised an illegal sentence argument that has not been addressed, we reverse the district court’s dismissal of that issue and remand for proceedings on that remaining issue. 

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED. Considered by Bower, C.J., Tabor, J., and Vogel, S.J.  Opinion by Bower, C.J.  (13 pages)

            Cory and Shannon Eldridge appeal from the district court’s ruling in this boundary dispute with adjoining property owners Nicholas and Kimberly Turner.  The Eldridges claim the disputed area belongs to them under theories of boundary by acquiescence or adverse possession.  The district court found they failed to prove either theory and quieted title to the Turners.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Chichelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Malinda Prior appeals her conviction for forgery in violation of Iowa Code section 715A.2(2)(a) (2020).  Prior contends her conviction should be reversed for a speedy trial violation and insufficient evidence.  OPINION HOLDS: Finding no errors at law, we affirm her conviction.