2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Sioux County, James N. Daane, Judge.  REVERSED AND REMANDED.  Heard by Bower, C.J., and Vaitheswaran, Tabor, Greer, Schumacher, Badding, Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Jerry Vreeman appeals a summary judgment ruling determining Iowa Code chapter 673 (2021) provided the defendants with statutory immunity for domesticated animal activity.  OPINION HOLDS: Because the relevant activity does not trigger immunity under chapter 673, we reverse and remand for further proceedings.

            Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, District Associate Judge.  AFFIRMED.  Considered by Badding, P.J., Buller, J., and Danilson, S.J.  tabor, J., takes no part. Opinion by Danilson, S.J.  (7 pages)

            A father appeals the termination of his parental rights under Iowa Code section 600A.8(3)(b) (2022).  He contends the court erroneously found he abandoned his child and failed to consider whether his “disability” “validly excuses the lack of physical visitation” he had with the child.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (3 pages)

            Pajazetovic appeals an award of damages following a jury trial in a negligence action.  OPINION HOLDS: Because Pajazetovic did not preserve error on his claim, we affirm. 

            Appeal from the Iowa District Court for Jones County, Paul D. Miller, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ.  Opinion by Vaitheswaran, P.J.  (8 pages)

            Plaintiffs Benjamin and Danielle Silver appeal the district court’s summary judgment ruling in favor of defendants Bret Barner, Barner Realty, Helen Royer, and Kevin Royer.  The Silvers contend there are legitimate issues of material fact relating to whether the defendants engaged in fraudulent misrepresentation. OPINION HOLDS: We conclude the district court did not err in granting the defendants’ motions for summary judgment.

            Appeal from the Iowa District Court for Dickinson County, Shayne Mayer, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            An ex-husband appeals denial of a petition to modify spousal-support payments.  OPINION HOLDS: We affirm as modified based on a substantial change in circumstances, reducing the ex-husband’s spousal-support obligation to $1125 per month, and deny all requests for attorney fees.

            Appeal from the Iowa District Court for Linn County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Tabor, J.  (4 pages)

            A defendant appeals his sentence; he argues the district court abused its discretion in imposing a prison sentence.  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 Cerro Gordo County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Vogel, S.J.  Opinion by Badding, J.  (4 pages)

            Charles Mimms appeals the sentence imposed on his criminal conviction.  OPINION HOLDS: Finding no abuse of discretion or defect in sentencing procedure, we affirm. 

              Appeal from the Iowa District Court for Butler County, Christopher C. Foy, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (2 pages)

              Jesse Cickavage appeals from the district court’s award of $8220 in appellate attorney fees to Sara Cickavage.  OPINION HOLDS: We affirm and award Sara an additional $1125 in appellate attorney fees.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (4 pages)

            Fitsum Russell appeals his sentence following an Alford plea.  OPINION HOLDS: We find no abuse of discretion and affirm the sentence.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the termination of her parental rights to her two children.  OPINION HOLDS: Because the mother does not challenge one of the four statutory grounds for termination the juvenile court found satisfied, we affirm on the unchallenged statutory ground.  We also conclude termination is in the children’s best interests and the parent-child bonds are not so strong as to preclude termination.

            Appeal from the Iowa District Court for Mahaska County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Greer, J.  (6 pages)

            The mother appeals the termination of her parental rights.  OPINION HOLDS: Because a six-month extension would not be appropriate and termination is in the child’s best interests, we affirm. 

            Appeal from the Iowa District Court for Black Hawk County, Daniel Block, Associate Juvenile Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (6 pages)

            A mother appeals the termination of her parental rights.  She claims termination is not in the children’s best interests.  She also contends the juvenile court should have granted a six-month extension.  OPINION HOLDS: We find termination is in the children’s best interests.  And a six-month extension is not appropriate on these facts.  We affirm.