2024 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            Copper Kitchen, LLC and its guarantors Besim Maksutoski and Angela Maksutoski appeal the judgment entered in favor of Burkle Co. LLC in Burkle’s breach-of-contract claim and the dismissal of their counterclaims for conversion and trespass to chattel.  Burkle cross-appeals, claiming the district court erred in limiting its damages.  OPINION HOLDS: Finding substantial evidence supports the district court’s ruling, and discerning no legal error on which reversal is warranted, we affirm both the appeal and cross-appeal.

            Appeal from the Iowa District Court for Scott County, John Telleen and Stuart P. Werling, Judges.  AFFIRMED.  Heard by Tabor, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  Partial Dissent by Tabor, P.J.  (28 pages)

            Homeowner Richard Gerdts appeals the grant of Donan Engineering Co., Inc. and Lance LeTellier’s motions to dismiss and for summary judgment related to denial by his insurance company regarding hail damage to the roof of his duplex.  Gerdts appeals three of those rulings.  OPINION HOLDS:  We affirm the dismissal of the negligence claim on the economic loss rule, and the grant of summary judgment on the third-party-beneficiary claim as Gerdts was not an intended beneficiary.  But we find the district court applied an incorrect legal standard on the tortious-interference-with-contract claim.  Still, we affirm on an alternative theory raised below.  Donan is entitled to summary judgment on the tortious-interference claim as well, and we affirm dismissal.  PARTIAL DISSENT ASSERTS:  I would find Gerdts generated a question of material fact whether Donan wrongfully interfered with the insurance contract, so I would reverse and remand for a trial on the tortious-interference claim.  I concur with the majority on the remaining issues. 

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

            An activities center appeals the amount awarded for damage to its parking lot caused by a painting contractor’s boom truck.  OPINION HOLDS: Because the district court properly approximated the area of damage from photographs and testimony offered into record, we affirm.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J. (5 pages)

            Lovell Jonathan Flowers appeals from his conviction of domestic abuse assault, contending the district court’s finding of forfeiture-by-wrongdoing violated his constitutional rights.  OPINION HOLDS: Because we find Flowers forfeited his right to confront the witness and the court did not violate his constitutional rights, we affirm his conviction.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Heard by Tabor, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (8 pages)

            A plaintiff appeals from the district court’s grant of summary judgment in favor of the defendants in this defamation case.  The defendants cross-appeal asserting the district court should have granted summary judgment on an additional basis.  OPINION HOLDS: The district court correctly granted summary judgment in favor of the defendants because the publications alleged to be defamatory contained factual and opinion statements protected by the First Amendment.  Because we affirm the grant of summary judgment in favor the defendants we need not address their cross-appeal advocating an alternative basis to affirm.

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (10 pages)

            Pheasant Trail Seventh Owners Association, Inc. appeals a ruling denying its motion for summary judgment and granting PennyMac Loan Services, LLC’s motion for summary judgment.  The district court determined the Association was not able to assess foreclosure fees or attorney fees incident to third-party foreclosure.  OPINION HOLDS: The Association’s assessed “foreclosure fee” was not an “admission” or “transfer fee” as used in Iowa Code section 504.302(14) (2021), and the Association did not establish a contractual basis for an award of attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Jeffrey D. Bert, Judge.  REVERSED.  Heard by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (20 pages)

            Barbara Zellmer appeals from the district court’s declaratory ruling interpreting the terms of Max Lauser’s will to hold that the remaining assets of the Max and Nelda Lauser Trust created under that will should be distributed in nine equal shares to any surviving issue of the beneficiaries named in the will as well as the named beneficiaries who are still living or in existence after the death of Lauser’s wife.  OPINION HOLDS: Because the will includes a provision expressing an intent to limit the distribution of the trust estate to the named beneficiaries and not their issue, the assets remaining in the trust must be distributed in three equal shares to only the named beneficiaries still living or in existence after the death of Lauser’s wife.  We thus reverse the district court.

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Joseph Gast appeals from the decree dissolving his marriage with Shannon Sullivan, granting physical care of their daughter to Sullivan, and ordering him to pay Sullivan rehabilitative spousal support and attorney fees. OPINION HOLDS: On our de novo review, giving the district court’s decisions the deference we must, we cannot say the physical care or spousal support awards fail to do equity.  The court’s award of attorney fees was not an abuse of discretion.  We also decline to award appellate attorney fees and costs.  And Gast failed to preserve error on his due-process or recusal issues by raising them first before the district court.

            Appeal from the Iowa District Court for Butler County, James M. Drew, Judge.  AFFIRMED.  Considered by Bower, C.J., and Buller and Langholz, JJ.  Opinion by Bower, C.J.  (6 pages)

            The Estate of Sena Wiebke, by and through special executor Monte Keller, appeals the district court’s determination quitclaim transfers made by Wiebke before her death were valid and not subject to undue influence.  OPINION HOLDS: Upon our review, we conclude Keith Wiebke has established by clear and convincing evidence the transfer of properties was not the result of undue influence.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Polk County, Joseph W. Seidlin, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A limited liability company (LLC) and its guarantors dispute whether attorney fees were properly awarded and request we review the award itself for reasonableness.  OPINION HOLDS: We affirm the district court as to the personal guarantors’ liability for attorney fees and reverse as to the LLC.  We affirm the amount of the award finding no abuse of discretion.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  APPEAL DISMISSED. Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Bower, C.J.  (3 pages)

            Eric LeConte appeals the summary judgment dismissal of his defamation claims.  OPINION HOLDS: LeConte’s appellate brief does not comply with our rules of appellate procedure, and we dismiss the appeal. 

            Appeal from the Iowa District Court for Polk County, Gregory D. Brandt, District Associate Judge.  AFFIRMED.  Heard by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Greer, J.  (9 pages)

            Nicholas Sinclair challenges the denial of his motion to suppress following his conviction for operating while intoxicated.  OPINION HOLDS: Because the stopping officer had specific and articulable facts to support a reasonable belief that Sinclair was involved in criminal activity based on the location of his vehicle in a gated community around the time of two 911 calls reporting a woman “freaking out” and there were no other vehicles in the area that matched the description, we affirm.