2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (9 pages)

            A mother appeals the district court’s decision granting physical care of the child to the father.  OPINION HOLDS: The district court properly placed the child in the father’s physical care.  The mother is not awarded appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vaitheswaran, P.J.  (6 pages)

            A father appeals a juvenile court order terminating his parental rights.  On appeal, the father contends he did not abandon the child and termination of his parental rights is not in the best interests of the child.  OPINION HOLDS: We affirm the termination of the father’s parental rights to the child.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (3 pages)

            Michael Lajeunesse appeals the order denying his petition for judicial review challenging the Iowa Board of Medicine’s “refus[al] to initiate disciplinary proceedings” against a licensee.  OPINION HOLDS: Because Lajeunesse’s claim against the licensee is not within the Board’s authority or jurisdiction to hear, we affirm the district court’s denial of relief.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (6 pages)

            Dustin Jungvirt appeals his sentence on his conviction for insurance fraud, claiming the district court failed to properly consider which sentencing options would best rehabilitate the defendant.  OPINION HOLDS: We determine no abuse of discretion by the district court in sentencing the defendant.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            Mark Haase appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Haase failed to prove breach of an essential duty by his trial counsel, we find he did not establish ineffective assistance of counsel in connection with any of the three grounds asserted in this appeal. We therefore affirm the district court’s denial of Haase’s application for postconviction relief.

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by May, P.J.  (8 pages)

            Gus Cabrera appeals from a decree establishing custody, physical care, and visitation of his child with Stephanie Linxwiler.  He challenges legal custody, physical care, the holiday care schedule, and child support.  OPINION HOLDS: We clarify the decree to provide the parents with joint legal custody.  This family is not a candidate for joint physical care.  We provide a more specific holiday schedule.  And we agree with Gus that the district court did not use the correct income for Stephanie when calculating child support.  So we remand to the district court recalculate child support.

            Appeal from the Iowa District Court for Pocahontas County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Chad Boysen appeals the support provisions and award of attorney fees in a temporary order entered during the proceedings to dissolve his marriage to Ann Boysen.  OPINION HOLDS: The district court appropriately used the parties’ 2020 incomes in determining child support.  Based on the parties’ respective earnings and needs, as well as the district court’s credibility findings, the award of spousal support was equitable.  The award of $2500.00 in temporary attorney fees is neither unreasonable nor untenable.  But we deny both parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (20 pages)

            The mother of three children and the father of two separately appeal the termination of their parental rights.  The mother contests the grounds for termination, asserts the court should have allowed her additional time, claims termination is not in the children’s best interests, and argues the court erred in denying her request to place all three children in a guardianship with the maternal grandparents.  The father asserts the court should have granted him additional time to seek reunification and argues termination of his rights was not necessary because his children are safe in their placement with the paternal grandparents.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The grounds for termination were established, reasonable efforts were made, an extension is not appropriate, termination is in the children’s best interests, and the parent-child bonds do not outweigh the children’s best interests.  We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find an extension of time for reunification is not appropriate in this case.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Lynn C.H. Poschner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother appeals the termination of her parental rights to two of her children.  She contends (1) the department of human services failed to “provide[] appropriate or meaningful reasonable efforts to reunify her with her children” and (2) termination was not in the children’s best interests.  OPINION HOLDS: On our de novo review, we agree with the district court that the department of human services satisfied its reasonable-efforts mandate and termination

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A guardian ad litem and the State of Iowa appeal the order denying a petition to terminate parental rights.  OPINION HOLDS: Given the children’s need for permanency, their best interests are served by terminating parental rights to allow adoption by their maternal aunt rather than placing the children in a long-term guardianship with her.