2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (18 pages)

            Sunny Sandry appeals the district court’s decision on judicial review affirming the Iowa Public Employment Relations Board’s (PERB) ruling finding just cause to support her termination from employment with the Iowa Department of Transportation.  OPINION HOLDS: The standard of review here is for whether the agency’s application of law to fact was irrational, illogical, or wholly unjustifiable.  Applying that standard of review, we find that substantial evidence supports the finding that Sandry’s took money from the state and therefore just cause existed for her termination.  As the appellee, PERB did not waive its arguments on appeal by joining in intervenor Department of Administrative Services’s brief, and we affirm.

            Appeal from the Iowa District Court for Davis County, Crystal S. Cronk, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Langholz, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A father appeals the denial of his motion to quash an income-withholding order entered by the Child Support Recovery Unit.  OPINION HOLDS: Because the father did not preserve error on his challenges to the district court’s denial of his motion to quash that order, we affirm without reaching the merits of his claims.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (8 pages)

            A defendant appeals his convictions for child endangerment and domestic abuse assault, second offense.  The defendant argues the district court abused its discretion in (1) admitting audio recordings of two 911 phone calls; (2) allowing opinion testimony by a police officer that the defendant’s wife was not cooperative; (3) overruling an objection to rebuttal evidence; and (4) denying his for-cause challenge to a potential juror.  OPINION HOLDS: Because the defendant’s claims on appeal were either not preserved for our review or did not result in prejudice, we affirm his convictions.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (28 pages)

            Graphite Construction Group, Inc. (Graphite Construction), the principal contractor on a public construction project, appeals the district court’s ruling that it was not yet due part of the retainage being held by the owner of the project, Des Moines Area Community College (DMACC).  OPINION HOLDS: Because Graphite Construction’s request for release of the full value of the surety bond from the retainage fund was timely and appropriate under Iowa Code section 573.16(2) (2022), and because DMACC cannot rely on section 573.28 to withhold some retainage based on the value of uncompleted labor and materials, we reverse the decision of the district court and remand for an order granting payment from the retention fund in the amount of $82,627.78, plus interest as provided by section 573.16(2).  We deny the request to award attorney fees to Graphite Construction.

            Appeal from the Iowa District Court for Madison County, Martha L. Mertz, Judge.  AFFIRMED ON APPEAL; REVERSED ON CROSS-APPEAL.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (13 pages)

            A lifetime beneficiary of a trust appeals the denial of his application for distribution, seeking distribution of remaining 2018 trust net income and a portion of the principal.  Trust remaindermen cross-appeal an order for the trust to pay a portion of the lifetime beneficiary’s attorney fees.  OPINION HOLDS: There is no remaining 2018 net income to distribute, and the trustee did not abuse his discretion when he denied the lifetime beneficiary’s request for a principal distribution.  Accordingly, we affirm on direct appeal.  The district court erred by concluding Iowa Code section 633A.4507 (2019) authorized payment of a portion of the lifetime beneficiary’s attorney fees because the attorney’s efforts did not involve administration of the trust.  Therefore, we reverse on cross-appeal.

            Appeal from the Iowa District Court for Black Hawk County, Kellyann M. Lekar, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Greer, P.J.  (6 pages)

            David Bradford appeals the dismissal of his third application for postconviction relief (PCR).  OPINION HOLDS: Because Bradford already raised and we already decided his claim of ineffective assistance of trial counsel in his first PCR action and it does not qualify under the ground-of-fact-or-law exception, we affirm the PCR court.

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

            An employer appeals the district court’s denial of its petition for judicial review, challenging the workers’ compensation commissioner’s ruling that its employee provided timely notice of a workplace injury.  OPINION HOLDS: Because the commissioner’s ruling is supported by substantial evidence, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED.  Considered by Bower, C.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (11 pages)

            Bernard Fischer appeals the district court’s findings that his siblings did not breach their fiduciary duties as their mother’s agents pursuant to a power of attorney and that they rebutted the presumption of undue influence.  He also appeals the denial of his claim for attorney fees and asks for appellate attorney fees.  OPINION HOLDS: On our de novo review, we find that the agents did not breach their fiduciary duties and rebutted the presumption of undue influence.  The district court did not abuse its discretion in denying attorney fees, and we deny the claim for appellate attorney fees.

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J. (11 pages)

            A defendant appeals her convictions for operating while intoxicated, second offense, and child endangerment, challenging the sufficiency of the evidence supporting both convictions.  OPINION HOLDS: Because we find there is substantial evidence supporting the jury’s verdict, we affirm. 

            Appeal from the Iowa District Court for Dallas County, Terry Rickers, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Shad Baltimore appeals the district court decision finding the Dallas County Board of Supervisors (Board) did not act illegally by rezoning a portion of the property owned by Alternate Route Properties, LLC from agricultural to light industrial.  OPINION HOLDS: We find the Board was not required to amend the Dallas County Comprehensive Plan, the Board’s decision was consistent with the comprehensive plan, the Board did not engage in illegal spot zoning, and the Board acted reasonably.  We affirm the district court.

            Appeal from the Iowa District Court for Hardin County, John R. Flynn, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Buller, J., takes no part.  Opinion by Tabor, P.J. (9 pages)

            A defendant appeals two convictions for third-degree sexual abuse.  He seeks a new trial, alleging the district court should have excluded evidence of the sexual abuse underlying a conviction that we affirmed in his first appeal.  OPINION HOLDS: Because that evidence was admissible under Iowa Code section 701.11 (2022), we affirm.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Schumacher, J.  (9 pages)

            Janet Fielder, formerly known as Janet Merry, appeals the dissolution decree that denied her request for spousal support from Dan Merry.  She also seeks appellate attorney fees.  OPINION HOLDS: Due to the amount of assets awarded to the parties and the fact neither party is employed due to age, the court acted equitably in denying Janet’s request for spousal support.  Additionally, we deny Janet’s request for appellate attorney fees.  We affirm the decision of the district court.