Filed Jun 07, 2023
View Opinion No. 22-1263
View Summary for Case No. 22-1263
Appeal from the Iowa District Court for Polk County, David Porter, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Heard by Bower, C.J., and Tabor and Greer, JJ. Opinion by Tabor, J. (8 pages)
Two insured drivers denied coverage by their insurance company for property damage to a third party challenge the grant of summary judgment. OPINION HOLDS: On our motion, we question plaintiffs’ standing to bring this claim. Thus, we reverse the grant of summary judgment as premature and remand with directions for further proceedings.
Filed Jun 07, 2023
View Opinion No. 22-1294
View Summary for Case No. 22-1294
Appeal from the Iowa District Court for Black Hawk County, David P. Odekirk, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Vogel, S.J. Opinion by Badding, J. (5 pages)
Madison Viers appeals the revocation of her deferred judgment, arguing the court “did not state a reason for the revocation.” OPINION HOLDS: We reject Viers’s argument that the factual basis for revocation had to be in writing. Finding the court provided a sufficient factual basis for revocation orally on the record, which Viers does not dispute, we affirm.
Filed Jun 07, 2023
View Opinion No. 22-1312
View Summary for Case No. 22-1312
Appeal from the Iowa District Court for Johnson County, Jason D. Besler, Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Heard by Bower, C.J., and Tabor and Greer, JJ. Chicchelly, J., takes no part. Opinion by Greer, J. (12 pages)
The City of Tiffin appeals the denial of its petition for declaratory judgment against land owned by the City of Coralville, which was previously owned by the Ruth E. Rarick Trust. In part, Tiffin asked the deed be set aside. OPINION HOLDS: Because the Trust was an indispensable party to the suit, which should have been brought in as a party, we reverse the district court’s ruling and remand the case with instruction to allow Tiffin to bring in the indispensable party for further proceedings.
Filed Jun 07, 2023
View Opinion No. 22-1325
View Summary for Case No. 22-1325
Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge. APPEAL DISMISSED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Bower, C.J. (5 pages)
Shol Joseph Mabeng appeals, asserting the district court lacked authority to order him to remain in jail pending an opening in a community residential facility. The State argues the appeal is moot because Mabeng is no longer in jail. OPINION HOLDS: Because the issue of temporary confinement is moot and there is no “actual, present controversy” as to fees, we dismiss the appeal.
Filed Jun 07, 2023
View Opinion No. 22-1326
View Summary for Case No. 22-1326
Appeal from the Iowa District Court for Shelby County, John J. Haney, Judge. AFFIRMED. Heard by Ahlers, P.J., Chicchelly, J., and Blane, S.J. Opinion by Blane, S.J. (13 pages)
A former husband appeals the district court’s denial of his petition to modify his spousal support to the former wife following the dissolution of their marriage in 2005. The district court denied the modification because he failed to show that either his ability to pay or former wife’s needs underwent a substantial change in circumstances justifying eliminating the spousal support. OPINION HOLDS: As did the district court, we find the former husband failed to carry his burden to show a substantial change and affirm.
Filed Jun 07, 2023
View Opinion No. 22-1334
View Summary for Case No. 22-1334
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. AFFIRMED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Buller, J. (14 pages)
Rashid Pharmacy appeals a judicial review decision upholding the agency’s adverse ruling against it. OPINION HOLDS: We affirm, finding substantial evidence to uphold the agency’s decision and no errors of law.
Filed Jun 07, 2023
View Opinion No. 22-1421
View Summary for Case No. 22-1421
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (11 pages)
Michael Rife appeals the district court order following judicial review of his workers’ compensation claim. He contends the district court improperly found he was not entitled to reimbursement for an independent medical examination (IME). He also alleges the court wrongly remanded to the commissioner to determine what credit Lattner Manufacturing and its workers’ compensation insurance carrier, Accident Fund General Insurance Co., (collectively Lattner), is entitled to for benefits paid for a prior injury Rife sustained. OPINION HOLDS: We find the district court erred by finding Rife was not entitled to any reimbursement for the IME as whether Iowa Code section 85.39 was triggered was not preserved. We remand for determination of the reasonable cost of the IME. We determine the district court properly remanded for the commissioner to determine what credit Lattner deserved for compensating Rife’s prior injury. Accordingly, we affirm in part, reverse in part, and remand to the workers’ compensation commissioner.
Filed Jun 07, 2023
View Opinion No. 22-1492
View Summary for Case No. 22-1492
Appeal from the Iowa District Court for Tama County, Sean W. McPartland, Judge. AFFIRMED. Considered by Bower, C.J., and Tabor and Greer, JJ. Opinion by Greer, J. (4 pages)
Charles Davidson appeals his sentence following a guilty plea. OPINION HOLDS: We find the district court gave ample reasoning for its sentence and find no abuse of the district court’s discretion.
Filed Jun 07, 2023
View Opinion No. 22-1775
View Summary for Case No. 22-1775
Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge. AFFIRMED. Considered by Ahlers, P.J., Badding, J., and Scott, S.J. Opinion by Badding, J. (7 pages)
Pedro Martinez Castro appeals the sentences imposed on his criminal convictions, arguing the sentencing court considered “incorrect and inappropriate factors urged by the prosecution” and disregarded “appropriate mitigating factors.” OPINION HOLDS: Finding the court did not abuse its discretion as alleged, we affirm the sentences imposed.
Filed Jun 07, 2023
View Opinion No. 23-0042
View Summary for Case No. 23-0042
Appeal from the Iowa District Court for Boone County, James B. Malloy, District Associate Judge. AFFIRMED ON BOTH APPEALS. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (9 pages)
A mother and father separately appeal the termination of their parental rights to two children. OPINION HOLDS: I. Clear and convincing evidence shows the children could not be returned to the parents’ custody at the time of the termination hearing. II. Even assuming the mother preserved error on her reasonable-efforts claim, she cannot show the brief interruption in services one year before the termination hearing prevented the children from being returned to her custody. III. Termination of the mother and father’s parental rights, not a long-term guardianship, serves the children’s best interests.
Filed Jun 07, 2023
View Opinion No. 23-0122
View Summary for Case No. 23-0122
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED AS MODIFIED. Considered by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Chicchelly, J. (7 pages)
Ronald (Ronnie) Morgan appeals the district court’s order on remand of his petition to modify visitation with two minor children, A.M. and E.M. Ronnie alleges that the court’s holiday visitation schedule is not in the children’s best interests and that the children’s mother, Alexis Ficek, should share responsibility for transportation to and from visitation. OPINION HOLDS: Upon our de novo review, we affirm the court’s decision with respect to visitation but modify the order such that the responsibility for transportation shall be shared. We also decline Alexis’s request for appellate attorney fees.
Filed Jun 07, 2023
View Opinion No. 23-0270
View Summary for Case No. 23-0270
Appeal from the Iowa District Court for Black Hawk County, David Staudt, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Ahlers and Badding, JJ. Opinion by Vaitheswaran, P.J. (5 pages)
A mother appeals an order terminating her parental rights to two children. She putatively challenges the evidence supporting the grounds for termination cited by the district court. She also contends the district court should not have terminated her parental rights based on the fact that a relative had custody of the children and based on the claimed bond she shared with them. OPINION HOLDS: We affirm the termination of the mother’s parental rights to the children.