2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge.  AFFIRMED IN PART, REVERSED AND VACATED IN PART, AND REMANDED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (12 pages)

            Mary Iverson and Douglas Kelley appeal from summary judgment entered in favor of Savings Bank Primghar on its request for declaratory judgment and conversion regarding the Gregory Henry Autenrieth Trust (Trust) and the denial of Kelley’s application to intervene as executor of Greg Autenrieth’s estate.  OPINION HOLDS: We affirm the decree that the settlor failed to exercise his general power of appointment and the bank is entitled to the possession of the funds distributed to Iverson and Kelley because they are not contingent beneficiaries under the Trust.  We reverse and vacate the court’s ruling to the extent it made findings of fact and decreed the ultimate disposition of the Trust funds.  We also conclude the district court erred in denying Kelley’s application to intervene as executor.  We remand for further proceedings.

            Appeal from the Iowa District Court for Marion County, Steven W. Guiter, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            M.P. appeals an order for involuntary hospitalization.  OPINION HOLDS: Substantial evidence supports the district court’s finding that M.P. is seriously mentally impaired as defined in Iowa Code section 229.1(20)(a) (2021).

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (2 pages)

            Roger Richard appeals the denial of his application for permanent injunction.  OPINION HOLDS: We are unable to discern any issue that has been preserved for our review or that has been adequately developed that could provide a pathway to allowing Richard to prevail.  Therefore, we find no grounds for reversal and affirm without further opinion. 

            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.