December 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (4 pages)

            A criminal defendant appeals, challenging the calculation of pecuniary damages.  OPINION HOLDS: To the extent error was preserved, substantial evidence supports the district court’s decision, and we affirm. 

            Appeal from the Iowa District Court for Warren County, David Faith, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Tabor, C.J.  Special concurrence by Buller, J.  (9 pages).

            Philip West Jr. alleged injuries following an accident in which Sophia Stafford hit him with her car.  A jury returned a verdict in West’s favor. But West moved for a new trial or additur, arguing the verdict was inadequate.  The district court denied the motion and allowed the verdict to stand.  West now appeals, arguing the district court should have granted his motion.  OPINION HOLDS: After reviewing the record, we find the district court did not abuse its discretion in denying West’s motion and affirm.  SPECIAL CONCURRENCE ASSERTS: I join the majority opinion in full under existing law.  But I write separately because the law has lagged far behind society in how it values pets.  Pets are living companions, not lifeless personal property.

            Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Andre Grove appeals from the district court’s decree awarding him $15,870.09 less in marital assets and debts than his former wife, Poppy Grove.  He requests an equalization payment of $7,935.05.  Both parties request appellate attorney fees.  OPINION HOLDS: After a de novo review, we affirm the district court’s order allocating marital assets and debts.  We decline to award either party attorney fees. 

            Appeal from the Iowa District Court for Dickinson County, Shayne Mayer, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Sandy, J., takes no part.  Opinion by Greer, J.  (8 pages)

            A husband appeals the provisions of a temporary order in dissolution of marriage proceedings.  Both parties request appellate attorney fees.  OPINION HOLDS: We find the district court’s determination of the husband’s income was reasonable and that the awards for child support and spousal support were equitable.  We decline to award attorney fees.

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Jared Todd Nemmers appeals the sentence imposed after pleading guilty to possession of methamphetamine.  He argues the district court considered an improper sentencing factor. OPINION HOLDS: Because we find the district court did not rely on an improper sentencing factor in imposing a prison sentence, we affirm Nemmers’ sentence.

            Appeal from the Iowa District Court for Polk County, Tabitha Turner, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J. (6 pages)

            Michael Canady appeals the sentences imposed by the district court after pleading guilty in two cases.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Patrick D. Smith, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (6 pages)

            Latoyia Towns appeals the district court’s order finding it was without jurisdiction to review the Iowa Workers’ Compensation Commissioner’s remand decision on Towns’s application for alternate medical care.  OPINION HOLDS: Upon our review, we affirm.

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (13 pages)

            Kara Clark appeals the district court’s modification of the decree dissolving the marriage between her and Theodore (Ted) Clark.  On appeal, Kara requests she be given sole legal custody and physical care of the parties’ children, we remand to set Ted’s visitation and support, and appellate attorney fees and costs be assessed to Ted.  OPINION HOLDS: We agree with the district court that “Ted is able to provide a more stable, consistent, and safe environment for the children.  It is in the children’s best interests that Ted be awarded primary physical care, subject to Kara’s reasonable rights of visitation.”  We thus affirm.  Each party shall be responsible for their own appellate attorney fees. 

            Appeal from the Iowa District Court for Polk County, Erik I. Howe, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (6 pages)

            A mother appeals the termination of her parental rights to her daughter.  She argues that the State failed to prove a ground for termination because the positive drug screens were caused by a prescription medication and that termination was not in the child’s best interest because a guardianship was more appropriate.  OPINION HOLDS: Like the juvenile court, we find the drug screens were not false positives and the mother’s substance-use issues prevented the return of the daughter to her custody.  And given the daughter’s very young age, an indeterminate guardianship is contrary to the daughter’s needs for permanency and stability.  Thus, we affirm the juvenile court.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (7 pages)

            A father appeals the termination of his parental rights to his son, arguing that the termination is not in the son’s best interest.  OPINION HOLDS: Given the father’s failure to address his substance-use issues, his lack of progress with the many services offered to him, his unwillingness to comply with court orders, and his history of domestic abuse, terminating the father’s parental rights is in the best interest of the son.  We thus affirm the juvenile court. 

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A mother appeals the termination of her parental rights to one child.  OPINION HOLDS:  We find termination was in the child’s best interest, an additional six months for reunification was not justified, and the permissive bond exception (to the extent preserved) is inapplicable.  We affirm.

            Appeal from the Iowa District Court for Dallas County, Erica Crisp, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Greer, P.J.  (16 pages)

                  A mother appeals the juvenile court order terminating her parental rights to her child.  The mother alleges: (1) the State failed to prove the grounds for termination, (2) termination is not in the child’s best interests, and (3) exceptions apply to prevent termination.  OPINION HOLDS: After a de novo review of the record, we affirm the termination of the mother’s parental rights.