2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Defendant argues the district court improperly admitted evidence of prior bad acts.  OPINON HOLDS: Because we find the evidence was properly admitted to show intent and motive, we affirm.

            Appeal from the Iowa District Court for Marshall County, John R. Flynn, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            A father appeals the district court’s denial of his petition to modify his dissolution decree, arguing he should be given physical care and sole legal custody of the parties’ children.  The father also requests appellate attorney fees.  OPINION HOLDS: Because the father failed to prove he could provide superior care to the children and modifying physical care and legal custody is not in the children’s best interests, we affirm.  We reject the father’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            Plaintiff appeals the district court’s grant of summary judgment finding the defendant was not a possessor of the property where plaintiff slipped and fell, and therefore defendant could not be held liable for negligence. OPINION HOLDS: We conclude summary judgment was appropriate on the arguments preserved for appeal and affirm the district court. 

            Appeal from the Iowa District Court for Dickinson County, Charles Borth, Judge.  AFFIRMED.  Heard by Tabor, P.J, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.* Opinion by Chicchelly, J.  (14 pages)

            A property owner appeals the declaratory judgment confirming its obligation to pay dues and special assessments to a neighborhood homeowner association and challenges the attorney fee award.  OPINION HOLDS: Because the relevant restrictive covenants have not expired, Lake Cabin is responsible for its financial obligations to WOHLOA.

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.   (7 pages)

            After concluding it lacked subject matter jurisdiction when it entered a 2020 custody order regarding N.G.M., the child of Jonathan Meador and Di Lu, the district court vacated the 2020 order.  Jonathan appeals, arguing the district court misapplied Iowa Rules of Civil Procedure 1.1012 and 1.1013; he suggests rule 1.1012 is the only mechanism by which the district court may vacate the 2020 order.  OPINION HOLDS:         Because Jonathan does not challenge the district court’s conclusion that it lacked subject matter jurisdiction to enter the 2020 custody order, and because a ruling entered without subject matter jurisdiction is void and must be vacated, we affirm.

            Appeal from the Iowa District Court for Grundy County, Daniel L. Block, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            The mother appeals from an order establishing a guardianship over her child.  OPINION HOLDS:  Because the record supports the juvenile court’s order, we affirm.

            Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Langholz, JJ.  Opinion by Greer, P.J.  Special Concurrence by Ahlers, J.  (11 pages)

            The district court granted in part and denied in part Bryan Dewhurst’s application for rule to show cause against his ex-wife, now known as Laura Imsland.  Bryan appeals, challenging the district court’s dismissal of count I of the application, which involved the claim that Laura violated the court’s custody order by not facilitating the return of their child to Bryan’s physical care after the child left his home in February 2023.  Laura counters by arguing the court correctly dismissed count I.  Each party also requests appellant attorney fees.  OPINION HOLDS: We affirm the district court ruling and deny the requests for attorney fees.  SPECIAL CONCURRENCE ASSERTS: Because the district court had discretion to decline to hold a party in contempt and did not abuse that discretion, I believe it is not necessary to reach the question of whether Bryan Dewhurst met his burden of proof to establish Laura Imsland intentionally interfered with his physical-care rights to their child.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  REVERSED AND REMANDED.  Considered by Greer, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights, drawing on provisions of the Iowa Indian Child Welfare Act.  OPINION HOLDS: We reverse and remand because the record is deficient on required qualified-expert testimony.  We do not disturb the status quo from the underlying child-in-need-of-assistance cases or any existing no-contact orders.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Tabor, P.J., Schumacher, J., and Mullins, S.J.  Opinion by Mullins, S.J.  (3 pages)

            A defendant appeals his criminal sentences, arguing the district court failed to provide particular reasons for its sentencing decision.  OPINION HOLDS: We affirm, concluding the district court provided sufficient reasons for the sentence.  Even if it hadn’t, it wasn’t required to since it was merely giving effect to the terms of the plea agreement.

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

            The juvenile court terminated the mother’s parental rights to five-year-old W.G.-C. pursuant to Iowa Code section 232.116(1)(f) (2023).  The mother appeals, arguing the statutory ground for termination was not met and challenging whether termination is in the child’s best interests since W.G.-C. remains in the custody of his father.  OPINION HOLDS: Because the State proved the grounds for termination under section 232.116(1)(f) and we decline to apply the permissive factor in section 232.116(3)(a), we affirm. 

            Appeal from the Iowa District Court for Audubon County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

             A mother appeals the termination of her parental rights to her three-year-old daughter.  OPINION HOLDS: Because we find the statutory ground for termination is supported, termination is in her best interests, and a statutory exception does not apply, we affirm. 

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (9 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: Finding no cause for reversal, we affirm the termination of both parents’ rights.