2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Linn County, Christopher L. Bruns, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (10 pages)

            Angela Vargas and Mitchell Crawford, as parents and next friends of their child, appeal the district court’s ruling granting the defendants’ motion for directed verdict in this medical malpractice case.  The appellants argue they presented substantial evidence to support their claim for lost chance of a better outcome.  OPINION HOLDS: Assuming without deciding that Iowa recognizes a cause of action for lost chance of a better outcome, we conclude the plaintiffs failed to present substantial evidence to warrant submission of the claim to the jury.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Tabor, P.J., Buller, J., and Mullins, S.J.* Opinion by Buller, J.  (11 pages)

            A claimant appeals from judicial review following denial of his workers’ compensation claim, asserting the commissioner and district court erred in their interpretation of Iowa’s private-employer drug-testing law and the presumptions afforded positive drug tests under the workers’ compensation statute.  OPINION HOLDS: Because we find the district court and commissioner correctly interpreted the statutes and substantial evidence supports the commissioner’s factual determinations, we affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (7 pages)

            Daniel Murillo appeals the denial of his application to modify sex offender registry requirements, claiming the court erred in determining he did not satisfy one of the threshold requirements for modification and abused its discretion in otherwise concluding modification should not occur.  OPINION HOLDS: Finding no legal error or abuse of discretion, we affirm the district court’s denial of Murillo’s application to modify.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED.  Heard by Bower, C.J., Chicchelly, J., and Doyle, S.J.  Opinion by Chicchelly, J.  (8 pages)

            Janelle Wilcox appeals the denial of her petition for judicial review of final agency action, challenging the denial of her request to add stand-alone transportation services to the monthly budget she receives through a home- and community-based services Medicaid waiver program.  OPINION HOLDS: Because the agency reached the correct result by affirming the denial of Wilcox’s request, we affirm the denial of her petition for judicial review.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (6 pages)

            John Davis appeals the district court’s dismissal of thirteen claims related to fraudulent transfer of real property and conversion of personal property against Christine Frank, Tristan Frank, and Does 1–30.  OPINION HOLDS: Error was not preserved on the issue of the applicability of the doctrine of equitable estoppel, and claims related to the 2014 transfer of property are barred by Iowa Rule of Civil Procedure 1.943.

            Appeal from the Iowa District Court for Floyd County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (3 pages)

            Douglas Kent Lindaman appeals the denial of postconviction relief from his conviction for assault with intent to commit sexual abuse.  OPINION HOLDS: Because assault with intent to commit sexual abuse is a lesser-included offense of third-degree sexual abuse and the State charged Lindaman with third-degree sexual abuse within the limitations period, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Des Moines County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J. (6 pages)

            A defendant challenges his sentence for enticing a minor.  OPINION HOLDS: Because the court properly relied on the pertinent sentencing factors, we find no abuse of discretion.  Thus, we affirm.

            Appeal from the Iowa District Court for Polk County, Jeffrey D. Farrell, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL AND REMANDED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (13 pages)

            Carlos Wakely appeals spousal support and attorney fee awards following entry of a dissolution decree.  Angela Wakely cross-appeals the district court’s: (i) reduction of spousal support; (ii) amendment to the visitation schedule; and (iii) decision to grant the child tax dependency exemption to both parties on an alternating basis.  OPINION HOLDS: The district court properly awarded Angela spousal support and attorney fees at the district court level.  In its order on the motion to amend, enlarge, or reconsider, the district court incorrectly: (i) decreased the amount of spousal support and (ii) amended the visitation schedule without considering the best interests of the children.  We modify the decree in those respects and remand for calculation of child support under the child support guidelines.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Langholz, J., takes no part.  (7 pages)

            Michael Lajeunesse appeals the dismissal of his petition for mandamus against the Iowa Board of Medicine for failure to state a claim upon which any relief could be granted and the denial of his motion for permissive joinder of his postconviction-relief attorney as a defendant.  OPINION HOLDS: We affirm dismissal of Lajeunesse’s mandamus petition and the denial of his motion for permissive joinder. 

            Appeal from the Iowa District Court for Pottawattamie County, Eric J. Nelson, District Associate, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            T.M. challenges his delinquency adjudication on the grounds that the juvenile court erred in admitting certain testimony from his father and that insufficient evidence supported the finding that he committed a delinquent act.  OPINION HOLDS: We decline to consider the evidentiary challenge, choosing to conduct our de novo review for the sufficiency of the evidence without considering the challenged evidence.  Following that de novo review, we find sufficient evidence supports the delinquency adjudication.

            Appeal from the Iowa District Court for Fremont County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Carson and Trisha Cusick challenge the enforcement of the settlement agreement between them and Adrienne and Brian Cooper.  OPINON HOLDS:  Because the district court did not err when enforcing the settlement agreement, we affirm.

            Appeal from the Iowa District Court for Hancock County, Colleen Weiland, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

A defendant appeals his conviction for sexual abuse in the third degree, claiming the evidence was insufficient to support the conviction because his out-of-court admission was not sufficiently corroborated.  OPINION HOLDS: Viewing the evidence in the light most favorable to the State and drawing all reasonable inferences in the State’s favor, we find there is sufficient “other proof” linking the defendant to the crime and corroborating his admission.  We accordingly affirm his conviction.