2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (12 pages)

            Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal from a district court ruling that reversed the decision of the workers’ compensation commissioner and found Roger Blasdell was not barred from receiving workers’ compensation benefits for the death of his wife, Heather Blasdell.  OPINION HOLDS: We conclude the commissioner’s decision that Roger deserted Heather without the fault of Heather was not supported by substantial evidence within the meaning of Iowa Code section 85.42(1)(a) (2017).  We affirm the decision of the district court.

No. 21-2000   IN RE L.S.

            Appeal from the Iowa District Court for Marion County, Steven Guiter, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: We affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Plymouth County, Daniel Vakulskas, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            The district court granted the mother’s petition to terminate the father’s parental rights to J.S., born in 2016, in a private termination action.  The court concluded the grounds for termination were satisfied under Iowa Code section 600A.8(3)(b) (abandonment) and (4) (failure to contribute) (2021).  The father appeals the termination, arguing he did not abandon J.S. and termination of his parental rights is not in J.S.’s best interests.  OPINION HOLDS: The father does not challenge the district court’s determination he failed to contribute to J.S. as ordered, so he has waived any alleged error to that ground and we conclude the mother proved the ground for termination under section 600A.8(4).  Like the district court, we find that termination of the father’s rights is in the child’s best interests.  We affirm.

            Appeal from the Iowa District Court for Webster County, John R. Flynn, Judge.  AFFIRMED AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Gamble, S.J.*  Opinion by Chicchelly, J.  (8 pages)

            Dakota Stevens appeals the denial of his request to modify physical care of the child he shares with Alyssa Slusser.  OPINION HOLDS: I. Because Dakota failed to show he is the superior parent, we affirm the denial of his request to modify physical care.  II. The district court did not abuse its discretion in awarding Alyssa $3000 in trial attorney fees.  We remand to the district court to determine Alyssa’s appellate attorney fees and enter judgment against Dakota in a reasonable amount.

            Appeal from the Iowa District Court for Winnebago County, Karen K. Salic, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father and mother separately appeal the termination of their parental rights to a child born in 2020.  The father challenges the evidence supporting one of the grounds for termination cited by the district court.  The mother argues termination was not in the child’s best interests.  Both parents challenge the district court’s refusal to grant an exception to termination based on the parent-child bond and the district court’s denial of their request for six additional months to facilitate reunification.  OPINION HOLDS: We affirm the termination of the parents’ rights to this child.

            Appeal from the Iowa District Court for Montgomery County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A mother appeals the termination of her parental rights to her children.  OPINION HOLDS: Clear and convincing evidence shows the children cannot be returned to the mother’s care, and termination is in the child’s best interest.

            Appeal from the Iowa District Court for Benton County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (6 pages)

            A father challenges the termination of his parental rights, asserting the grounds for termination have not been established and termination is not in the child’s best interests, the court should apply an exception to termination because the children are in a relative’s custody, and the State did not make reasonable efforts to reunite him with the children.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (3 pages)

            This mother appeals the termination of her parental rights.  OPINION HOLDS: The mother failed to preserve error on her claims and also waived such claims.  Nonetheless, on our de novo review of the record, we affirm the juvenile court’s termination decision.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            The maternal grandfather appeals the juvenile court’s decision denying his petition to remove the Iowa Department of Human Services (DHS) as the legal guardian of C.S. following the termination of the rights of the child’s parents.  OPINION HOLDS: DHS did not act unreasonably or irresponsibly, and the maternal grandfather has not shown DHS failed to act in the child’s best interests by placing the child with the maternal grandmother.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (11 pages)

            A mother appeals the termination of her parental rights. She alleges the Iowa Department of Human Services (DHS) failed to make reasonable efforts to reunite her with her toddler son and that termination is not in the child’s best interests because of a close parent-child bond.  OPINION HOLDS: Because the DHS did make reasonable efforts and termination is in the child’s best interests, the juvenile court properly terminated the mother’s parental rights.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (12 pages)

            A mother and her teenage daughter appeal the termination of the mother’s parental rights.  OPINION HOLDS: Although we consider the child’s preferences, we find the risk posed by the mother’s substance abuse and history of exposing her children to domestic violence is too great to avoid termination.  We affirm. 

            Appeal from the Iowa District Court for Scott County, Christine Dalton, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm on both appeals.