2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Franklin County, Rustin Davenport, Judge.  APPEAL AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS; CROSS-APPEAL AFFIRMED.  Heard by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (11 pages)

            Plaintiffs appeal and defendants cross-appeal the award of damages to plaintiffs following repairs to a drainage ditch, raising issues related to the existence of an easement, damages, and the conveyance of property.  OPINION HOLDS: Because the defendants did not abandon the easement and the district court’s award of damages fell within the permissible range of evidence and was not overly speculative, we affirm the appeal in part and affirm the cross-appeal.  We vacate and remand with directions on the property-conveyance issue.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (7 pages)

            An applicant appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: The applicant’s illegal sentence claim was litigated in a prior postconviction relief action, and his claim of actual innocence is barred by the statute of limitations.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Johnson County, David Cox, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (5 pages)

            Defendant challenges his sentence, arguing an abuse of discretion by the district court. OPINION HOLDS: We determine no abuse of discretion by the district court and affirm.

            Appeal from the Iowa District Court for Dickinson County, Shane Mayer, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            A mother appeals the physical-care determination made in a custodial decree, which placed physical care of her children with the children’s father.  The father requests appellate attorney fees.  OPINION HOLDS: On our review of the record and deferring to the district court’s credibility findings, we conclude that the children’s interests are best served by placing their physical care with their father.  We affirm the district court’s physical-care determination.  We do not award the father appellate attorney fees.

            Appeal from the Iowa District Court for Warren County, Mark F. Schlenker, Judge.  SENTENCES VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, P.J., Schumacher, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (6 pages)

            Alexander Knight appeals his sentences following his convictions for assault causing bodily injury and operating a motor vehicle without the owner’s consent.  OPINON HOLDS: Because the district court considered an impermissible sentencing factor, we must vacate Knight’s sentences and remand for resentencing before a different judge.

            Appeal from the Iowa District Court for Hardin County, Amy M. Moore, Judge.  AFFIRMED.  Considered by Buller, P.J., Langholz, J., and Carr, S.J.  Opinion by Carr, S.J.  (8 pages)

            The plaintiffs appeal the denial and dismissal of their claims of breach of implied warranty of workmanlike construction and failure to disclose defects against the seller of a house.  OPINION HOLDS: Because the seller was not a buyer-vendor, the implied warranty of workmanlike construction is inapplicable here.  Likewise, because there was no evidence that the seller had actual knowledge of any defects and failed to disclose them, that claim also does not provide relief.  We affirm.

            Appeal from the Iowa District Court for Johnson County, Joan M. Black, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            A mother appeals the termination of her parental rights to her three children.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Cerro Gordo County, Adam Sauer, Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Badding, JJ.  Opinion by Bower, C.J.  (9 pages)

            A mother appeals the termination of her parental rights to her children, claiming the State failed to prove the ground for termination cited by the juvenile court, termination is not in the child’s best interests, a six-month extension would eliminate the ground for termination, and the court should apply a permissive exception to preclude termination.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (6 pages)

            Following the mother’s short-term mental-health committal for stimulant-induced psychosis, the juvenile court ordered the removal of the mother’s child, M.D., from her custody and later adjudicated M.D. in need of assistance pursuant to Iowa Code section 232.96A(3)(a), (3)(b), and (14) (2023).  The mother challenges M.D.’s initial removal and whether the State proved the grounds for adjudication.  OPINION HOLDS: Because any deficiencies in the removal proceedings were rendered moot by the entry of a subsequent dispositional order, we do not consider the mother’s challenge of that issue.  We affirm adjudication of M.D. on all three grounds. 

            Appeal from the Iowa District Court for Humboldt County, Hans Becker, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (4 pages)

            A mother appeals the termination of her parental rights.  She argues termination is not in the child’s best interests and the court should have applied a permissive exception to preclude termination.  OPINION HOLDS: Termination is in the child’s best interests, and we decline to apply a permissive exception to termination.

            Appeal from the Iowa District Court for Appanoose County, Richelle Mahaffey, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the district court order terminating her parental rights.  OPINION HOLDS: We find the termination of the mother’s parental rights is supported by clear and convincing evidence, termination is in the child’s best interests, and an exception to termination should not be applied.  We affirm the decision of the district court.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The mother did not preserve error on her reasonable efforts challenge or her argument that the juvenile court should have considered terminating her rights to only one or two of the children rather than all three.  The State presented clear and convincing evidence to support the statutory ground for termination of the father’s rights, and termination of his parental rights was in the children’s best interests.  For these reasons, we affirm on both appeals.