2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J. (9 pages)

            David Hanson Jr. appeals the sentence imposed upon his criminal conviction, claiming the court “abused its discretion by considering only the nature of the offense.”  OPINION HOLDS: Finding no abuse of discretion, we affirm the sentence imposed.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Doyle, S.J.*  Opinion by Ahlers, P.J.  Gamble, S.J., takes no part. (8 pages)

            Blackbird Investments, LLC (Blackbird) appeals following a determination that it breached a contract.  OPINION HOLDS: The district court did not abuse its discretion when it denied Blackbird’s untimely motion to amend to add counter-claims.  Blackbird breached the contract by failing to make a contractually-required payment.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Mullins, S.J.  Opinion by Buller, J.  (8 pages)

            Amon Bedia appeals an order granting physical care of three shared children to Kossi Eviglo.  OPINION HOLDS: We find the record evidence supports the district court granting physical care to Kossi and affirm.  We also deny Kossi’s request for appellate attorney fees.

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

            A mother appeals the termination of her parental rights.  OPINION HOLDS: The State proved a statutory ground for termination, the parent-child bond does not preclude termination, providing the mother with additional time for reunification was not appropriate, the State provided reasonable efforts toward reunification, and termination does not violate the mother’s due process rights.

            Appeal from the Iowa District Court for Hardin County, John J. Haney, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            Brian Weltz appeals the physical care and spousal support provisions of the parties’ dissolution decree.  OPINION HOLDS: We affirm the district court’s award of physical care of the parties’ two children to Chelsey Weltz.  We also affirm the provision that requires Brian to pay spousal support of $1000 per month for thirty-six months.  We determine Chelsey is entitled to appellate attorney fees of $5650.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (8 pages)

            A mother appeals the termination of her parental rights to a child.  She contends the juvenile court erred in denying her request for a six-month extension; that termination was not in the child’s best interests; and that the court should have applied the permissive exception for a close parent-child relationship.  OPINION HOLDS: Despite showing promise at other points in the child-welfare proceedings and receiving three previous extensions, the mother’s progress stalled, and an extension of time was not warranted.  It was in the child’s best interests to terminate her rights, and the mother did not prove the permissive exception should be applied.  So we affirm. 

            Appeal from the Iowa District Court for Des Moines County, Emily Dean, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (5 pages)

            A mother appeals the termination of her parental rights to four of her children.  She contends the State failed to meet its burden in proving the children could not be returned to her care, and that termination of her parental rights was in the children’s best interests.  She also argues the juvenile court erred in declining to grant her a six-month extension or place the children in a guardianship.  OPINION HOLDS: Because we find the State met its burden and the juvenile court did not err, we affirm.

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to his child.  OPINION HOLDS: We do not rule on the father’s claim about the denial of his motion to continue the termination hearing as the record does not show the motion or the ruling on it.  Because the State proved the grounds for termination under Iowa Code section 232.116(1)(f) (2022) and termination is in the child’s best interest, we affirm.

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (10 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  I. The mother would not be able to reunite with her children at the end of another six-month extension.  II. Termination is in the best interests of the children.  III. The mother has not proven the application of a permissive exception is warranted by clear and convincing evidence.  IV. The mother’s challenge to the services offered provides no basis for relief.

            Appeal from the Iowa District Court for Carroll County, Joseph B. McCarville, District Associate Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (5 pages)

            A mother appeals a juvenile court order adjudicating her two children in need of assistance under Iowa Code section 232.96A(16) (2022).  OPINION HOLDS: The record contains sufficient proof to support the ground for adjudication.  We affirm the juvenile court’s ruling.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            A father appeals the termination of his parental rights.  OPINION HOLDS: On our de novo review, we affirm.

            Appeal from the Iowa District Court for Cherokee County, Andrew J. Smith, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., Badding, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (22 pages)

            The mother and father separately appeal the termination of their parental rights to P.S. (born in 2014), J.S. (born in 2020), and S.S. (born in in 2022).  Both parents argue the juvenile court should have granted their motions to bifurcate the permanency and termination hearing as it relates to S.S.  Additionally, they both challenge the statutory grounds for termination, whether the loss of their rights is in the children’s best interests, and if the strength of the parent-child bond precludes termination.  The father also claims the juvenile court lacked temporary emergency jurisdiction to enter the initial removal order for S.S., the Iowa Department of Health and Human Services failed to meet its reasonable-efforts mandate, and he should have been given additional time to work toward reunification with the children.  OPINION HOLDS: We affirm the termination of the mother’s and the father’s parental rights to all three children.