December 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (10 pages)

            Plaintiff appeals the dismissal of her petition for medical malpractice for failure to file a certificate of merit pursuant to Iowa Code section 147.140 (2024).  OPINION HOLDS: The district court correctly found that the plaintiff was required to provide expert testimony for her claims.  Thus, under Iowa Code section 147.140, she was required to file a certificate of merit.  Because the plaintiff failed to do so she failed to comply with Iowa Code section 147.140(6).  Her remaining claims are not preserved for our review.  We affirm the dismissal of her petition.

            Appeal from the Iowa District Court for Crawford County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (6 pages)

            A joint property owner appeals from a partition decree, arguing that the division of sale proceeds was not equitable.  OPINION HOLDS: Upon our review, we find that the district court equitably divided the sale proceeds of this jointly held property.  We affirm.

            Appeal from the Iowa District Court for Story County, John J. Haney, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A postconviction applicant appeals the denial of relief.  OPINION HOLDS: Because the district court considered the merits of applicant’s case, we affirm. 

            Appeal from the Iowa District Court for Muscatine County, Mark Fowler, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Greer, P.J.  (16 pages)

            Applicant appeals the dismissal and denial of claims in his application for postconviction relief.  He argues his actual-innocence claims should not have been dismissed.  Additionally, he argues his application should not have been denied because the State acted in bad faith when it destroyed critical biological evidence.  OPINION HOLDS: We affirm because we find his actual-innocence claim was previously rejected in an earlier PCR challenge and that he failed to prove the State’s bad faith in destroying evidence.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Sandy, J.  (16 pages)

            Helena Dahnweih appeals the district court’s order affirming the Iowa Board of Nursing’s decision to revoke her nursing license.  OPINION HOLDS: We reverse the district court’s denial of Helena’s petition for judicial review.  We remand to the district court for (1) entry of an order reversing the board’s order revoking Helena’s nursing license and requiring her to pay fees and costs, and (2) determination of whether reasonable attorney fees can be awarded under Iowa Code section 625.29 (2023) upon Helena’s filing of an updated attorney fee affidavit.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (6 pages)

            A defendant appeals adverse-summary judgment rulings.  OPINION HOLDS: The district court did not err in finding a genuine issue of material fact precluded granting the defendant’s motion for summary judgment.  As for the plaintiff’s motion, we affirm the court’s application of Iowa Code section 515A.9 (2023). 

            Appeal from the Iowa District Court for Polk County, Jesse Ramirez, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Greer, Schumacher, Badding, and Langholz, JJ. Opinion by Langholz, J.  Dissent by Tabor, C.J.  (19 pages)

            Cassidy Poage appeals her convictions for three counts of possession of a controlled substance, second offense, challenging the district court’s denial of her motion to suppress.  She argues that the police officer lacked reasonable suspicion to extend the traffic stop of the truck in which she was riding for a K-9 unit to arrive and conduct a drug-sniff.  OPINION HOLDS: On our de novo review, we agree with the district court.  The evidence known to the officers provided reasonable suspicion of illegal drugs in the truck that justified extending the traffic stop under the Fourth Amendment and article I, section 8, of the Iowa Constitution.  We thus affirm the district court’s denial of the motion to suppress and Poage’s convictions.  DISSENT ASSERTS: I respectfully dissent.  The constitutional analysis changed when the law enforcement officer told the occupants of the vehicle that they were free to leave.  If the officer had reasonable suspicion to prolong the stop after the traffic violation warning was complete, he was obligated to act on it.  And because the officer did not obtain any new indicia of criminal activity after ending the initial detention, the renewed detention was impermissible.  I would reverse the suppression ruling and remand for further proceedings.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (6 pages)

            The defendant appeals her sentence, arguing the State breached the plea agreement.  OPINION HOLDS: Upon finding the State did not breach the plea agreement, we affirm the sentence as imposed. 

            Appeal from the Iowa District Court for Madison County, Terry Rickers, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Per curiam.  Concurrence in part and dissent in part by Badding, J.  (13 pages)

            Janey Shafer appeals the district court’s summary judgment order finding Frank Santana immune from liability for injuries caused by Santana’s horses.  OPINION HOLDS: We find that Shafer’s injury occurred while she was participating in a domesticated animal activity, bringing this case within the scope of Iowa Code chapter 673 immunity.  But because a fact question remains as to whether Shafer’s injury was the product of recklessness, we reverse the grant of summary judgment and remand for further proceedings.  PARTIAL DISSENT ASSERTS: I depart from my colleagues’ conclusion that a genuine issue of fact remains as to whether this case falls within the recklessness exception to chapter 673 immunity.  Because the summary judgment record suggests a question of negligence at most, I would affirm the district court’s order in its entirety.

            Appeal from the Iowa District Court for Warren County, Michael Jacobsen, Judge.  AFFIRMED AND REMANDED TO DETERMINE ATTORNEY FEES.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (19 pages)

            A plaintiff appeals an adverse ruling on his derivative and direct claims and requested injunctive relief.  OPINION HOLDS: Because the defendant acted reasonably and in good faith, we affirm and remand for the district court to determine reasonable appellate attorney fees.

            Appeal from the Iowa District Court for Mills County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (17 pages)

            Morgan Prusha appeals the district court’s order upholding the validity of the premarital agreement she signed before marrying her now ex-husband, Jordan Prusha.  Morgan further argues that the district court improperly granted Jordan physical care of their two children.  She also argues the district court should have awarded her child support and spousal support.  And on appeal, she requests appellate attorney fees.  OPINION HOLDS: Because the premarital agreement was enforceable, and because we find no issues with the district court’s award of physical care to Jordan and the refusal to award Morgan child support or spousal support, we affirm.  We decline to grant appellate attorney fees.

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

            Jolynne Gill challenges the sufficiency of evidence supporting her convictions for delivery of psilocyn and delivery of LSD.  OPINION HOLDS: Because sufficient evidence supports Gill’s convictions, we affirm.