2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Howard County, Laura Parrish, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Schumacher, P.J.  (20 pages)

            Children and grandchildren of Godfrey Natvig appeal the dismissal of their action contesting Godfrey’s will.  They challenge “gifts” Michael Natvig made to himself while acting as Godfrey’s attorney in fact; request an inter vivos transfer of eighty acres of farmland to Michael be set aside due to the confidential relationship between Godfrey and Michael, claiming the deed was executed under fraud, duress, and undue influence; and argue the 2016 codicil to Godfrey’s will “was procured by undue influence” and during a time Godfrey “was suffering from an insane delusion.”  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Scott County, Henry W. Latham II, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  Partial Dissent by Buller, J.  (11 pages)

            The City of Davenport, its mayor, and its city council appeal an order sustaining a writ of certiorari declaring that the city council acted illegally by removing Derek Cornette from his office as a city alderman in a proceeding under Iowa Code section 66.29 (2023) and issuing an injunction reinstating Cornette to his office.  OPINION HOLDS: Because Cornette’s term in office ended while this appeal was pending—and he was not reelected to another term—this certiorari proceeding seeking reinstatement to that office is moot.  So we reverse the district court’s ruling sustaining the writ of certiorari and reinstating Cornette and remand to the district court with directions to dismiss this case with prejudice.  DISSENT IN PART ASSERTS: Because I would find the appeal moot but not reverse the district court ruling, I dissent in part.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (4 pages)

            A defendant appeals the district court’s determination that she has the reasonable ability to pay category “B” restitution.  OPINION HOLDS: Because the court did not err in making that determination, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Michael Hooper, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, P.J.  (20 pages)

            Property owners Michael and Diane McKee appeal a district court decision denying them relief in a dispute with the City of Council Bluffs over surface water drainage.  OPINION HOLDS: On our de novo review of the record, we agree with the district court that although the City’s property is the dominant estate, the City was not responsible for the damage the McKees claim their property has suffered from the surface water drainage.  We accordingly affirm the court’s dismissal of the McKees’ claims for declaratory or mandamus relief, private nuisance, and pure nuisance.

            Appeal from the Iowa District Court for Monroe County, Greg Milani, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Chicchelly, J.  (11 pages)

            Anna Stoner appeals the judgment entered for Kassi and Tyler Taft on her premises liability claim after she was injured while helping the Tafts catch a pony on their property.  OPINION HOLDS: Iowa Code section 673.2 (2020) provides a negligence standard for the liability of owners of domesticated animals rather than an affirmative defense that the Tafts were required to plead.  The activity Stoner was engaged in when she was injured falls under the definition of domesticated animal activity under chapter 673.  Thus, the district court properly instructed the jury on the statute. 

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED.  Heard by Schumacher, P.J., Chicchelly, J., and Mullins, S.J. Opinion by Chicchelly, J.  (11 pages)

            95 Broadway, LLC appeals the district court’s ruling regarding their alleged easement rights over Linda Geske’s adjoining property.  OPINION HOLDS: Because the court did not err in declining to recognize 95 Broadway’s proposed easement, we affirm.

            Appeal from the Iowa District Court for Dickinson County, Carl J. Petersen, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, C.J., Langholz, J., and Potterfield, S.J.  Sandy, J., takes no part.  Opinion by Potterfield, S.J.  (8 pages)

            Jeremy Eckard appeals the decree dissolving his marriage to Brittney Chapman (formerly Brittney Chapman Eckard).  Jeremy challenges the property distribution, the specifics of the “right of first refusal” provided in the decree, and the court’s order regarding uncovered medical expenses for the parties’ two children.  Brittney asks that we affirm the decree and order Jeremy to pay $5000 of her appellate attorney fees.  OPINION HOLDS: We affirm the dissolution decree entered by the district court; we remand for the district court to determine a reasonable award of appellate attorney fees for Brittney.

            Appeal from the Iowa District Court for Plymouth County, Daniel P. Vakulskas, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (5 pages)

            Melvin Cardona Cardona appeals the denial of his motion to suppress.  He argues the warrantless stop of his vehicle was not supported by reasonable suspicion or probable cause, so his constitutional rights were violated.  OPINION HOLDS: Following our de novo review, we conclude the stop was justified and affirm the decision of the district court.  

            Appeal from the Iowa District Court for Washington County, Michael Carpenter, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (11 pages)

            A mother appeals a custody order granting her and the father joint physical care of their child, contending she should be granted physical care.  OPINION HOLDS: Because joint physical care between the parties is in the child’s best interests, we affirm the district court’s decision.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (14 pages)

            Melissa Lynn Decker Hurm appeals the physical‑care and economic provisions of the decree dissolving her marriage to Peter Matthew Hurm.  Peter also requests appellate attorney fees.  OPINION HOLDS: Because it is in the best interests of the children to be placed in Peter’s physical care and because the property distribution and income imputation are equitable, we affirm.  We also decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Marshall County, Adria Kester, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            Natalia Ryner appeals the visitation schedule ordered by the district court as part of a custody dispute.  Specifically, she contends the district court’s summer visitation schedule, which takes effect when the child is five years old, is inappropriate.  OPINION HOLDS: Based off the unique facts presented in this case, we believe a modification of the summer visitation schedule is necessary.  Instead of nearly eight weeks of what, in practice, will likely be uninterrupted summer visitation with the child’s father in Texas, we find the best interest of the child is better served with five weeks of uninterrupted summer visitation.  This schedule will take effect when the child reaches the age of five.  We believe such a schedule better considers the situations of the mother and father while still serving the child’s best interests. Lastly, we grant Ryner’s request for appellate attorney fees and remand to the district to determine the amount of such fees. 

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Heard by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (13 pages)

            Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal the district court’s denial of their petition for judicial review of the workers’ compensation commissioner’s decision finding that Roger Blasdell’s death benefits are not barred by the willful-injury defense of Iowa Code section 85.16(1) (2016).  OPINION HOLDS: Substantial evidence supports the commissioner’s ruling that Blasdell’s wife’s death was accidental rather than a suicide and that Linnhaven thus failed to meet its burden to prove the willful-injury affirmative defense.  Linnhaven’s alternative argument—that the decision should be reversed because Blasdell did not prove that his wife’s death was caused by a work injury—is not preserved for our review.  It was not decided by the commissioner or the district court, and Linnhaven never clearly raised the issue before the commissioner.