2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Story County, Jennifer Miller, Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (11 pages)

            Tenants, who vacated the property before their lease term ended, appeal from the denial of their motions for a judgment notwithstanding the verdict and a new trial following a suit by the owners to collect lost rent.  They argue the owners did not mitigate their damages in failing to adequately seek a new tenant and that the jury’s award of damages was based on passion and prejudice rather than the record.  OPINION HOLDS: The owners provided sufficient evidence to show they mitigated their damages and the jury’s award of damages has evidentiary support in the record, so we affirm the district court. 

            Appeal from the Iowa District Court for Warren County, Brendan E. Greiner, District Associate Judge.  AFFIRMED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

Heather Reed appeals a sentence imposed by the district court after entering a guilty plea for child endangerment resulting in bodily injury.  Reed asserts that the district court relied on impermissible factors at sentencing and that the sentence imposed by the district court was an abuse of discretion.  OPINION HOLDS: The district court did not rely on impermissible sentencing factors and did not abuse its discretion.  We affirm the sentence.

            Appeal from the Iowa District Court for Hardin County, Paul G. Crawford, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            K.M. appeals the imposition of a protective order for relief from sexual abuse entered under Iowa Code chapter 236A (2021).  OPINION HOLDS: Because substantial evidence supports the court’s finding that K.M. committed a sexual act against B.F.’s will, we affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen D. Weiland, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            In this consolidated appeal, a biological father appeals the termination of his parental rights and dismissal of his petition to overcome the paternity of an established father.  OPINION HOLDS: On our review of the record, we find the established father proved by clear and convincing evidence that the biological father abandoned the child pursuant to Iowa Code section 600A.8(3)(b) and that it is in her best interests to terminate his parental rights.  We further find that the biological father’s petition to overcome paternity should be dismissed pursuant to section 600B.41A(6)(a). 

            Appeal from the Iowa District Court for Polk County, Jeffrey Farrell, Judge.  REVERSED IN PART ON APPEAL; REVERSED IN PART AND MODIFIED IN PART ON CROSS-APPEAL.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Bower, C.J.  (14 pages)

            Garry Mattix appeals and Amy Mattix cross-appeals the district court’s modification of the physical-care and child-support provisions of the dissolution decree.  OPINION HOLDS: We reverse the modification of physical care because Garry failed to prove the requisite change of circumstances and ability to provide superior parenting.  We modify the increased child-support obligation in light of the physical-care ruling, and we reverse the ruling requiring Garry to pay extracurricular activity expenses.  We find no abuse of discretion in the denial of retroactive child support modification.  We affirm the court’s order that Garry pay Amy’s trial attorney fees, and we order Garry to pay $7000 toward Amy’s appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (5 pages)

            Warren Havill appeals the district court’s affirmance of the workers’ compensation commissioner’s finding that Havill’s workers’ compensation claim was barred on statute-of-limitation grounds.  OPINION HOLDS: The agency’s findings are supported by substantial evidence, its applicable of law to fact was not “irrational, illogical, or wholly unjustifiable,” and it did not otherwise misinterpret the law.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, District Associate Judge.  REVERSED AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and Badding, JJ.  Opinion by Tabor, J.  (10 pages)

            Thomas appeals the private termination of his parental rights, contending he did not abandon his child and that termination was not in the child’s best interests.  OPINION HOLDS: The child’s mother, Lindsay, failed to provide clear and convincing evidence of abandonment.  Having failed to meet her burden, we do not consider Thomas’s best-interests argument.  We reverse and remand.

            Appeal from the Iowa District Court for Fayette County, Linnea M.N. Nicol, District Associate Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            The State seeks reversal of the juvenile court’s finding that the State failed to make reasonable efforts in finding a suitable placement for the child.  OPINION HOLDS: There being no remaining justiciable controversy, the appeal must be dismissed as moot.

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  REVERSED AND REMANDED.  Considered by May, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            A mother appeals a review order in a child-in-need-of-assistance proceeding, challenging the removal of her child and the denial of her request to change venue.  OPINION HOLDS: Upon our review, we reverse the decision of the juvenile court finding Floyd County was a proper venue for this case and conclude the best interests of the child require that we remand to the juvenile court to order transfer of the case to the county of the child’s and parents’ residence.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.  AFFIRMED.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by May, P.J.  (5 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: The child could not be safely returned to the father’s care.  Termination is in the child’s best interest.  We decline to apply a permissive exception to termination or to grant the father additional time to work toward reunification.

            Appeal from the Iowa District Court for Scott County, Cheryl Traum, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            The mother and father of E.M., born in 2016, separately appeal the termination of their parental rights.  The mother argues she was denied due process, the State failed to make reasonable efforts to reunify her with E.M., and termination is not in the child’s best interests.  The father argues the juvenile court should have applied a permissive exception to save his parent-child relationship with E.M., claiming his bond with the child is so strong that termination of his rights will be to the child’s detriment.  OPINION HOLDS: The mother does not contest termination under Iowa Code section 232.116(1)(b) (2021), and her reasonable-efforts challenge does not implicate this statutory ground.  She did not preserve a due process challenge, and termination of her rights is in E.M.’s best interests.  The father did not meet his burden to establish a permissive exception is warranted here.  Therefore, we affirm the termination of each parent’s rights.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (14 pages)

A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: We determine sufficient evidence exists to support the statutory ground for termination relied on by the juvenile court, termination is in the best interest of the children, and a permissive exception should not be applied to preclude termination.  We further conclude that the Iowa Department of Human Services made reasonable efforts to reunite the family.  Finally, an extension of time for reunification efforts is not warranted.  Accordingly, we affirm the juvenile court.