July 2024 Archive | Court of Appeals Court Opinions

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

            A father appeals from a child-in-need-of-assistance proceeding.  OPINION HOLDS: The father presents no argument from which we may find reversible error.

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The mother of three children and the father of the youngest appeal the termination of their parental rights, raising five claims: (1) The juvenile court abused its discretion by denying their motions to continue the termination hearings.  (2) The court erred in denying their request for a different judge.  (3) The State failed to prove a ground for termination.  (4) Termination was not in the children’s best interests.  (5) Exceptions preclude the need for termination.  OPINION HOLDS: Finding no merit in those five claims, we affirm the termination order.

            Appeal from the Iowa District Court for Marshall County, Paul J. Crawford, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her two-year-old child.  She contends the State failed to prove the statutory ground for termination and failed to make reasonable efforts in her case.  OPINION HOLDS: We find no merit in either claim, so we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother appeals a juvenile dispositional order removing her children from her care.  OPINION HOLDS: Because her argument lacks citation to any supporting legal authority, we summarily affirm. 

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

            The parents of four children individually appeal the termination of their parental rights.  The father argues that the State failed to prove a ground for termination and that termination was not in the children’s best interests, and he asks for six additional months to work toward reunification.  The mother claims that the State hindered reunification and that without its recommendation, the court could not find the children could be returned.  OPINION HOLDS: We find the State proved grounds for termination by clear and convincing evidence and that it was in the children’s best interests for the court to terminate.  We also refuse the father’s request for six more months.  Lastly, we find the mother both failed to preserve and waived her argument on appeal.  Thus, we affirm on both appeals.   

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to a child.  OPINION HOLDS: There is clear and convincing evidence showing the grounds for termination of the mother’s and father’s parental rights under Iowa Code section 232.116(1)(h) (2024), and there is no basis for granting the mother additional time.  Clear and convincing evidence shows termination is in the child’s best interests, and none of the exceptions to termination apply. 

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            The father challenges the termination of his parental rights.  OPINION HOLDS: Because termination is in the child’s best interests due to the father’s inability to look after her safety and need for a permanent home, the strength of the bond between the father and the child does not overcome the detriment of declining termination, the need for removal—the father’s substance use and mental health challenges—will likely still exist in six months, and a guardianship is not in the child’s best interests, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children, claiming the State failed to prove the grounds for termination relied on by the district court.  OPINION HOLDS: On our de novo review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A father, mother, and their teenaged son separately appeal a juvenile court order terminating parental rights.  OPINION HOLDS: After a careful review of the record, we reach the same conclusions as the district court and affirm its ruling.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Badding, P.J., Buller, J., and Bower, S.J.*.  Opinion by Buller, J.  (5 pages)

            A civil defendant appeals the district court’s finding of a boundary by acquiescence and easement by prescription.  OPINION HOLDS: We reverse the district court’s findings and remand.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            DeVaris Perry appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Perry has not proved he received ineffective assistance from his trial counsel, we affirm the denial of his application.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Schumacher, J., and Vogel, S.J.  Buller, J., takes no part.  Opinion by Vogel, S.J.  (6 pages)

            A defendant seeks to vacate his guilty plea, alleging the district court erroneously denied his post-plea motion for adjudication of law points.  OPINION HOLDS: Because Clark failed to show good cause to pursue a direct appeal from his guilty plea, we dismiss this appeal for want of jurisdiction.