July 2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Dallas County, Stacy Ritchie, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (12 pages)

            Phillip Creese appeals the property-division provisions in the district court’s decree dissolving his marriage to Colleen Creese.  Colleen cross-appeals the court’s decision granting the parties joint physical care of their minor child and requests appellate attorney fees.  OPINION HOLDS: We affirm, finding that the district court’s valuation of the marital home was within the range of permissible evidence.  Additionally, we find the district court acted equitably in setting aside $25,000 from the value of the marital home for Phillip.  As to the physical care arrangement for the parties’ minor child, we agree with the court that joint physical care is in the best interests of the child.  Lastly, we deny Colleen’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals a discretionary sentence, urging the sentencing court had a fixed policy.  OPINION HOLDS: We find the sentencing court did not have a fixed sentencing policy and did not abuse its discretion.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2022).  OPINION HOLDS: Because we conclude the grounds for termination were met and the best interests of the child favor termination, we affirm.

            Appeal from the Iowa District Court for Harrison County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (15 pages)

            A guardian appeals the termination of a minor guardianship.  OPINION HOLDS: We conclude the juvenile court correctly terminated the guardianship and affirm.

            Appeal from the Iowa District Court for Marion County, Brad McCall, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A debtor appeals from a ruling enforcing an unsatisfied small-claims judgment based on the limitations period.  OPINION HOLDS: Concluding small-claims actions are tried in a court of record under our unified court system and therefore subject to a twenty-year limitations period, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Defendant appeals the imposition of consecutive prison sentences.  OPINION HOLDS: Because the district court gave a comprehensive statement of reasons, including acknowledging mitigating factors and reasons for imposition of consecutive terms of imprisonment, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal an agreed-upon sentence entered following his guilty plea.  OPINION HOLDS: Because this attempted appeal is not supported by good cause, we dismiss it.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Ahlers, P.J.  (10 pages)

            Zachary Chelf appeals the sentence imposed following his guilty plea, alleging the State violated the plea agreement by stating he is a “good fit” for a residential correctional facility for supervised probation.  OPINION HOLDS: We find the State did not breach the plea agreement and affirm.  DISSENT ASSERTS: I would conclude the prosecutor’s sentencing recommendation for the defendant to be placed on supervised probation at a residential correctional facility went beyond the plea agreement’s joint sentencing recommendation that the defendant be placed on supervised probation.  As a result, I believe the prosecutor violated the spirit of the plea agreement and resentencing before a different judge is necessary.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, but decided by Tabor, P.J., Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.  Opinion by Schumacher, J.  (9 pages)

            MidAmerican Energy Company appeals a dismissal of its action and claims Iowa Code chapter 480 (2022) provides a private cause of action.  OPINION HOLDS: We conclude chapter 480 does not provide for a private cause of action and the district court properly granted the motion to dismiss.  Accordingly, we affirm the district court.

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED ON APPEAL, AFFIRMED ON CROSS-APPEAL, AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (14 pages)

            Elias Nunez appeals, and Chelsey Nunez cross-appeals, the decree dissolving their marriage, including the provisions dividing their property and setting Elias’s visitation schedule.  Elias also appeals the district court’s refusal to hold Chelsey in contempt for violating a temporary order to make vehicle loan and insurance payments.  OPINION HOLDS: We affirm the district court’s division of their Indianola acreage’s proceeds on both the appeal and cross-appeal.  The decree appropriately permitted the parties to file separate tax returns for 2022 and equitably allocated credits and deductions.  But we agree with Elias that the decree went too far in awarding Chelsey survivorship rights in Elias’s IPERS pension and thus modify the decree to remove this provision and remand for the district court to issue a new QDRO.  The visitation schedule is in the children’s best interest.  We see no gross abuse of discretion in the district court’s refusal to hold Chelsey in contempt.  And we award Chelsey $3000 in appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (5 pages)

            A criminal defendant challenges his discretionary sentence, urging his criminal history was not part of the record.  OPINION HOLDS: We affirm because the criminal history was part of the record, and the defendant did not object to it.

            Appeal from the Iowa District Court for Iowa County, Fae Hoover Grinde, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Dr. Mark Irland appeals the granting of summary judgment and the award of damages to the defendants.  OPINION HOLDS: The district court properly granted summary judgment because Dr. Irland waived all claims arising from before the settlement agreement was enforced, and that waiver covers all of the claims he raised in this action.  Thus, we affirm the district court’s grant of summary judgment in favor of the defendants.  However, because the defendants did not provide statutory or contractual support for their award of attorney fees and the record does not show conduct that is intentional and likely aggravated by cruel and tyrannical motives to support a common law attorney fee award of damages, we reverse the district court’s attorney fee award.