April 2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J. (5 pages)

            Rusty Throckmorton appeals the sentence imposed on his conviction for eluding while exceeding the speed limit by twenty-five miles per hour or more.  He argues the sentencing court abused its discretion “by solely considering the nature of the offense.”  OPINION HOLDS: Finding the court did not abuse its discretion as alleged, we affirm the sentence imposed.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED.  Heard by Bower, C.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Wayne Gregory appeals the district court’s grant of summary judgment for the defendants on his invasion-of-privacy claim.  OPINION HOLDS: We affirm, finding Gregory failed to create a genuine issue of material fact and the district court was correction in its conclusions.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Heard by Greer, P.J., and Chicchelly and Buller, JJ.  Opinion by Greer, P.J.  (27 pages)

                Safe Building Compliance & Technology (SBCT), a nonprofit corporation, sought to hold former director Michelle Naughton (formerly Bernholtz) liable for misappropriated funds in the amount of $481,481.  Naughton admitted liability for some corporate funds that were improperly used on personal expenses but challenged others as expenses that were approved by the board of directors or spent after she resigned her position as director.  Following a trial to the bench, the district court ordered Naughton to reimburse SBCT a total of $269,290.94.  On appeal, Naughton disputes her liability for $78,425.38 spent on disability- and life-insurance policies for herself and her husband; $19,900 for excessive lease payments to a limited liability company owned by Naughton and Bernholtz; and $144,077 for construction and renovation expenses for the property owned by the limited liability company.  OPINION HOLDS: Having interpreted and applied Iowa Code section 504.832 (2020), we agree with the district court that Naughton is liable for each of the challenged amounts.  We affirm.

            Appeal from the Iowa District Court for Clayton County, Alan T. Heavens, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Landsgard appeals an injunction concerning the spraying of herbicides, pesticides, and other chemicals on their crops.  They contend the injunction is unnecessary to prevent harm to Forest Hill’s organic farm.  OPINION HOLDS: We uphold the injunction in favor of Forest Hill.  

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Plaintiffs David and Donna Walderbach appeal the grant of summary judgment in favor of Defendants Barb Rompot and Virginia Forest on the Walderbachs’ defamation and interference-with-contract claims.  OPINION HOLDS: There is no genuine issue of material fact that the allegedly defamatory statements were substantially true, and the Walderbachs failed to generate a fact question on virtually all elements of their interference-with-contract claim, including the existence of a third-party contract.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Brian Woods appeals his jail sentence for reckless use of fire.  He argues the district court abused its discretion by not following the State’s sentencing recommendation.  OPINION HOLDS: Because the district court’s sentence was not unreasonable nor based on untenable grounds, we affirm.

            Appeal from the Iowa District Court for Warren County, Randy V. Hefner, Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            U.S. Bank National Association (U.S. Bank) appeals the district court’s assignment of surplus funds from a foreclosure proceeding.  OPINION HOLDS: U.S. Bank was entitled to the surplus proceeds from the proceeding, and so we vacate and remand to the district court to direct these funds to U.S. Bank.

            Appeal from the Iowa District Court for Pottawattamie County, Richard H. Davidson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Daniel Kessler appeals his sentence following his guilty plea.  He claims he did not waive use of a presentence investigation report (PSI) and the court failed to provide reasons for its sentencing determination.  OPINION HOLDS: Kessler waived consideration of a PSI at sentencing.  We will not reverse based on the court’s failure to provide reasons for sentencing because the court imposed the sentence agreed upon by the parties.

            Appeal from the Iowa District Court for Hardin County, Hans Becker, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly,  JJ  Opinion by Vaitheswaran, P.J. (3 pages)

            Terry McDole appeals the sentence imposed following his guilty plea to domestic abuse assault, second offense.  He argues the district court abused its discretion in imposing consecutive sentences.  OPINION HOLDS: We conclude the district court did not abuse its discretion in imposing consecutive sentences.

            Appeal from the Iowa District Court for Marion County, Erica Crisp, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Vaitheswaran and Tabor, JJ.  Opinion per curiam.  Dissent by Tabor, J.  (17 pages).

            A father appeals the termination of his parental rights to his daughter under Iowa Code chapter 600A (2021).  OPINION HOLDS: Because we agree that the father economically abandoned his child and termination is the child’s best interest, we affirm.  DISSENT ASSERTS: Because the mother did not offer clear and convincing proof that terminating the father’s rights was in the daughter’s best interests, I dissent.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (3 pages)

            Sean Saake appeals the sentence imposed on his conviction for stalking, claiming the court erred in denying his request for a deferred judgment.  OPINION HOLDS: We affirm the sentence imposed.

            Appeal from the Iowa District Court for Greene County, Adria Kester, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Shelly Schroeder appeals the amount of spousal support and attorney fees awarded in the decree dissolving her marriage to Aaron Schroeder.  OPINION HOLDS: Because the spousal support award balances Shelly’s needs and Aaron’s ability to pay and the district court exercised its discretion in only awarding Shelly part of her trial attorney fees, we affirm.  We decline to award appellate attorney fees.