2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Monroe County, Gregory Milani, Judge.  AFFIRMED.  Heard by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (16 pages)

            Renae Hindman appeals the dismissal of a petition to void the transfer of a farm to her son, Cody Hindman, under Iowa Code chapter 684 (2019) and award her damages for fraudulent misrepresentation and undue influence by Cody and Renae’s ex-husband, Brian Hindman.  OPINION HOLDS: On our review of the record, we find the district court did not err in dismissing the voidable-transfer claim.  While there are some factors in section 684.4(2) that may have supported Renae’s suspicion about the transfer of the farm in conjunction with the divorce proceeding later initiated by Brian, we find that Brian and Cody provided a satisfactory explanation for the circumstances accompanying the transfer: a desire for Brian to get out of farming while continuing the family’s multi-generational farming tradition.  As for the fraudulent misrepresentation and undue influence claims, we agree with the district court that there was no confidential relationship between Brian and Renae.  Because Renae’s arguments on appeal were limited to that issue, we affirm the court’s dismissal of those claims. 

            Appeal from the Iowa District Court for Woodbury County, Mark C. Cord, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (12 pages)

            Jean Lynn Lillie appeals her conviction for assault with a dangerous weapon, an aggravated misdemeanor, in violation of Iowa Code section 708.2(3) (2020).  She raises eight issues on appeal, arguing the district court erred by: (1) allowing the State to amend the minutes of testimony two days before trial, violating her due process rights; (2) denying her motion to strike one of the jurors for cause, violating her right to a fair trial; (3) denying her motion for mistrial when a witness violated the sequestration order, violating her right to a fair trial; (4) denying her motion for judgment of acquittal because the State presented insufficient evidence to establish a prima facie case; (5) denying her motion for mistrial based on a juror’s inability to understand and speak English, violating her right to a fair trial; (6) denying a motion to dismiss based on the violation of her right to a speedy trial; (7) conducting irregular bond proceedings, violating her rights to due process and to be free from cruel and unusual punishment; and (8) violating her right to counsel by allowing her attorney to withdraw.  OPINION HOLDS: Finding no reversible error, we affirm the conviction.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (15 pages)

            Central Iowa Fencing, Ltd. and Grinnell Select Insurance appeal an award of workers’ compensation benefits to Josh Hays.  OPINION HOLDS: We find the commissioner did not abuse his discretion in finding a cumulative injury and substantial evidence supports the cumulative injury finding. We affirm the commissioner’s award of temporary disability benefits and taxation of costs. 

            Appeal from the Iowa District Court for Jones County, Mary E. Chicchelly, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Ahlers, JJ.  Chicchelly, J., takes no part.  Opinion by May, P.J.  (3 pages)

An adult appeals the appointment of a guardian.  OPINION HOLDS: Because substantial evidence supports the district court’s finding that a guardianship was justified under Iowa Code section 633.552 (2021), we affirm.

            Appeal from the Iowa District Court for Linn County, Nicholas L. Scott, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (4 pages)

A defendant appeals his sentence for assault causing bodily injury, alleging an abuse of discretion by the district court.  OPINION HOLDS: Because the district court did not abuse its discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            An employer and an insurance carrier appeal a district court ruling on a petition for judicial review of a workers’ compensation commissioner decision.  OPINION HOLDS: We affirm the district court’s decision reversing the deputy commissioner’s remand decision as to the date Terry Tilton knew or should have known her injury would have a permanent adverse effect on her employment and remanding the matter to the workers’ compensation commissioner. 

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (6 pages)

            Nicholas (Nick) Lingle filed a contempt action against Casey Montgomery, the parent providing physical care to their shared child, after she moved out of state with that child and did not give Nick her new address in violation of the partial stipulation incorporated into their dissolution decree.  The district court declined to hold the mother in contempt for the move and Nick appealed.  OPINION HOLDS: Because Casey is the parent providing physical care and the stipulation did not place limitations on where the child could live, the district court did not abuse its discretion by not holding Casey in contempt for moving. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: We affirm termination under Iowa Code § 232.116(1)(h) (2021).  Termination and adoption will best provide the child with safety and long-term nurturing, and no permissive exception has been proved to countermand our conclusion. 

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., Tabor, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J. (5 pages)

            Alphonze Emanuel argues the sentencing court’s imposition of two statutory surcharges—a law-enforcement-initiative surcharge and a drug-abuse-resistance-education surcharge—was illegal because the legislature repealed the statutes prior to his resentencing.  OPINION HOLDS: The sentencing court erred in imposing the two surcharges because the original sentence was vacated, meaning at resentencing the court had to begin anew with the statutes that were then in effect.

            Appeal from the Iowa District Court for Madison County, Elisabeth S. Reynoldson, Judge.  AFFIRMED.  Heard by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (6 pages)

            The administrator of an estate appeals a declaratory judgment ruling.  OPINION HOLDS: Under the Iowa Code (2018), a surviving spouse may not force the other heirs to pay off a mortgage on the homestead property from their inherited share so that the surviving spouse can receive free and clear title to the homestead.

            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.