2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dubuque County, Alan Heavens, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Sara McCusker appeals the physical care provisions of the decree dissolving her marriage to Adam McCusker.  Sara argues the court erred in denying her request for joint physical care of the parties’ two children and instead awarding Adam physical care.  In the alternative, she asserts the children should have been placed in her physical care.  Adam requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s physical care decision and deny Adam’s request for appellate attorney fees.  Costs on appeal are taxed to Sara.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (4 pages)

            Kenneth Adams appeals his sentence, arguing he should have received probation.  OPINION HOLDS: The district court weighed all relevant sentencing factors and did not abuse its discretion by imposing a four-year term of incarceration.  We affirm.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A father appeals from the order modifying a custodial decree, which placed physical care of the child at issue with the mother and modified legal custody to give the mother the sole right and responsibility to make certain decisions regarding the child.  OPINION HOLDS: The mother established a material and substantial change in circumstances warranting modification of physical care, and she established she could provide the child with superior care.  So we affirm the placement of physical care with the mother.  However, because legal custody was not properly before the court, so we vacate the district court’s modification of the legal custody provision.  And we remand to the district court for entry of a corrected decree.

            Appeal from the Iowa District Court for Madison County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (4 pages)

            Kyle Redmond appeals the sentence imposed upon his conviction for serious injury by vehicle, arguing the sentencing court improperly failed “to sufficiently articulate reasons for the imposed sentence” and sentenced him “to prison without due consideration of mitigating factors.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentence imposed.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., Ahlers, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: A statutory ground for termination was established, an extension of time is not warranted, and termination is in the best interests of the child.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (8 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: We affirm because the mother proved abandonment by clear and convincing evidence, the father did not financially contribute to support the children as ordered in his dissolution decree, and termination is in the best interests of the children. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (18 pages)

            The mother of J.B. appeals the district court’s denial of her petition to terminate the father’s parental rights under Iowa Code chapter 600A (2021).  She contends the petition should have been granted because the father abandoned J.B. within the meaning of section 600A.8(3)(b) and termination of his rights is in J.B.’s best interests.  She also maintains she should not be required to pay for the father’s appellate attorney fees.  OPINION HOLDS: Because the mother proved the father abandoned J.B. and that termination of the father’s parental rights is in J.B.’s interest, we reverse the district court’s denial of the mother’s petition and remand for entry of an order consistent with this opinion.  We conclude there are no reasonable appellate attorney fees for the mother to pay. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (12 pages)

            A mother appeals the termination of her parental rights to her two children under Iowa Code section 232.116(1)(f) (2021).  She challenges the sufficiency of the evidence supporting the ground for termination, argues termination is contrary to the children’s best interests, contends the court should have applied exceptions to termination, and asserts the court erred in declining to establish a guardianship in lieu of termination.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Polk County, William P. Kelly, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (4 pages)

            An employer and its insurer appeal from a district court ruling upholding the workers’ compensation commissioner’s decision.  OPINION HOLDS: Giving the due deference we are statutorily obligated to afford the commissioner’s findings of fact, we reach the same conclusions as the district court.  We therefore affirm.

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

            John Miller appeals the district court’s finding that he refused chemical testing requested in accordance with Iowa Code section 321J.6 (2021), as well as the district court’s statement “[o]ther than a[n] unequivocal consent is a refusal.”  OPINION HOLDS: The district court did not err in finding Miller refused chemical testing or stating that anything other than unequivocal consent is a refusal.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (6 pages)

            A mother and father separately appeal following the termination of the mother’s parental rights.  OPINION HOLDS: We affirm the juvenile court.  The father does not have standing to challenge the termination of the mother’s rights.  And the State proved a statutory ground for termination and that termination is in the best interests of the children. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by May, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to two of her children.  OPINION HOLDS: The State established a statutory ground authorizing termination.  Termination is in the children’s best interests.  We apply no permissive exception to preclude termination.  And the mother did not preserve her guardianship request for appeal.