2023 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Sarah Aucutt appeals the district court’s finding that she failed to prove damages on her cross-claim against Austin Bowman seeking reimbursement for payments she made toward a note on a loan they cosigned to refinance Bowman’s vehicle.  OPINION HOLDS: Aucutt served as an accommodation party to Bowman, the accommodated party.  As an accommodation party, Aucutt is entitled to reimbursement from Bowman for the amount she has paid in satisfaction of the note.  Uncontroverted evidence established she paid $3160.00 toward satisfaction of the note at the time of trial.  So we remand to modify the judgment to increase it by $3160.00.  Aucutt may bring future suit to recover additional amounts she pays towards satisfaction of the note.

            Appeal from the Iowa District Court for Howard County, Alan Heavens, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (9 pages)

            David Myers appeals a district court ruling that dismissed his petition for lack of subject matter jurisdiction because of his failure to request farm mediation under Iowa Code section 654B.3(1) (2021).  Myers contends the court erred in (1) finding that provision applied to his claims and (2) denying his request for a stay.  OPINION HOLDS: We conclude that section 654B.3(1)(a) applies to all of Myers’s claims and, as a result, he needed to file a request for mediation with the farm mediation service and obtain a mediation release before filing suit.  Because Myers failed to do so, the district court was correct in concluding that it lacked subject matter jurisdiction, denying Myers’s motion for a stay, and dismissing the petition.

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, P.J. (10 pages)

            Ashley Hennings appeals her convictions for vehicular homicide, leaving the scene of an accident, and eluding.  She claims she was entitled to an alternative jury instruction on causation, the district court should have granted her motion for a new trial, and that the sentencing court violated the one-homicide rule.  OPINION HOLDS: We find the district court adequately instructed the jury on causation and properly exercised its discretion in denying her request for a new trial.  But we agree the district court violated the one-homicide rule.  So we affirm the convictions but remand for entry of a new sentencing order.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  REVERSED AND REMANDED.  Heard by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (9 pages)

            Joseph Manatt claims the court improperly instructed the jury on the fiduciary duties owed by a minority shareholder in a corporation.  OPINION HOLDS: Because the court improperly instructed the jury on the fiduciary duties owed by a minority shareholder, we reverse and remand for a new trial.

            Appeal from the Iowa District Court for Winneshiek County, Laura Parrish, Judge.  AFFIRMED ON APPEAL AND REMANDED; AFFIRMED ON CROSS-APPEAL.  Heard by Bower, C.J., and Badding and Buller, JJ.  Opinion by Bower, C.J.  (11 pages)

            Roger Lundtvedt appeals the district court ruling ordering specific performance of a real estate contract.  Russell Lensing cross-appeals the court’s denial of his claim for breach of contract.  OPINION HOLDS: We affirm the district court’s ruling on specific performance and Lensing’s breach-of-contract claim and remand for the district court to set a new closing date.

              Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge.  AFFIRMED.  Considered by Greer, P.J., Ahlers, J., and Carr, S.J.  Opinion by Carr, S.J.  (4 pages)

              Joshua McCoy appeals the denial of his application for postconviction relief after being convicted of murder in the first degree and robbery in the first degree.  OPINION HOLDS: McCoy has not shown he received ineffective assistance because defense counsel failed to request a jury instruction for willful injury as a lesser-included offense. 

            Appeal from the Iowa District Court for Webster County, Angela L. Doyle, Judge.  AFFIRMED.  Heard by Tabor, P.J., and Schumacher and Buller, JJ.  Opinion by Tabor, P.J.  (9 pages)

            The estate appeals two decisions of the district court finding a business partner had no liability for a loan and declining to award it half the proceeds of the sale of partnership equipment.  OPINION HOLDS: We find substantial evidence supports the court’s findings and conclusions of law on both issues and affirm. 

            Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  REVERSED AND REMANDED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (6 pages)

            Bryan Halfhill appeals his convictions for second-degree sexual abuse and lascivious acts with a child.  OPINION HOLDS: We determine the district court applied the wrong standard in ruling on Halfhill’s motion for new trial.  We reverse the district court’s ruling on the motion for new trial and remand to the district court for a new ruling applying the weight-of-the-evidence standard. 

            Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge.  AFFIRMED IN PART, REVERSED IN PART, SENTENCE VACATED, AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Bower, C.J., Badding, J., and Doyle, S.J.  Opinion by Bower, C.J. (9 pages)

            Darnell Cane Redmond appeals his conviction and sentence for third-degree burglary.  OPINION HOLDS: We find substantial evidence supports the jury’s verdict.  But the district court applied the wrong standard in ruling on the motion for new trial, and we remand for the district court to apply the weight-of-the-evidence standard.  In addition, the district court failed to exercise its sentencing discretion so we vacate the sentence and remand for resentencing consistent with the requirements of Iowa Code section 908.10 (2021).

            Appeal from the Iowa District Court for Tama County, Casey D. Jones, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Buller, J.  Dissent by Badding, J. (9 pages)

            A father appeals the private termination of his parental rights.  OPINION HOLDS: The father abandoned the child under chapter 600A (2021), and termination is in the child’s best interests.  DISSENT ASSERTS: Because the father visited the child at least monthly when he was not incarcerated and regularly called and corresponded with her when he was, I conclude he maintained “substantial and continuous or repeated contact” with the child under Iowa Code section 600A.8(3)(b)(1) and (2) (2021).  As a result, I would reverse the juvenile court’s decision granting the grandmother’s petition to terminate the father’s parental rights under the ground of abandonment.

            Appeal from the Iowa District Court for Washington County, Mark E. Kruse, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (7 pages)

            Murphy Lee Rutherford appeals his conviction and sentence imposed following a plea deal.  He claims the plea lacked a factual basis.  He also claims the court abused its discretion in sentencing.  OPINION HOLDS: Because Rutherford did not move in arrest of judgment, we do not reach his claim related to the plea’s factual basis.  We conclude the court did not abuse its discretion during sentencing. 

            Appeal from the Iowa District Court for Crawford County, Jeffrey L. Poulson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Oscar Robles appeals the sentences imposed by the district court following his guilty pleas entered pursuant to a plea agreement.  Robles contends the court abused its sentencing discretion by failing to consider a mitigating factor.  OPINION HOLDS: Because we find no abuse of discretion by the district court, we affirm the sentences.