March 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Buchanan County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (7 pages)

            Michael Bagby appeals the district court’s remand order entering judgment against First Street Deli II, LLC, Kimberly Harker, and Alexis Brown, and finding Bagby partially waived his right to collect late fees.  Bagby argues the district court (1) exceeded the scope of the remand, (2) erred by ruling on the issue of waiver, and (3) erred by finding a partial waiver.  OPINION HOLDS: We affirm the district court’s remand order in all respects.

            Appeal from the Iowa District Court for Butler County, Peter B. Newell, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Ahlers, J.  (8 pages)

            A father appeals the termination of his parental rights pursuant to Iowa Code section 600A.8(3)(b) (2023).  He argues that he did not abandon his children because a no-contact order prevented him from contacting the children’s mother and termination is not in the children’s best interests.  OPINION HOLDS: The father abandoned the children within the meaning of section 600A.8(3)(b), and termination is in the children’s best interests.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            Meredith Majors appeals the judgment entered on an attorney fee lien that arose from the proceedings to dissolve her marriage.   OPINION HOLDS: Because orders for the division of property under Iowa Code section 598.21 (2024) are exempt from the homestead exemption, the court could enforce an attorney fee lien against those proceeds, which were held in trust following the sale of the marital home.  We decline to award appellate attorney fees.

    Appeal from the Iowa District Court for Pottawattamie County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (11 pages)

    Jimmy Carr appeals the denial of his application for postconviction relief following convictions for robbery, possessing a firearm as a felon, and interference with official acts.  He contends, first, counsel should have moved to sever the felon-in-possession charge or, at a minimum, sought a limiting instruction.  Second, counsel should have moved to suppress his statement that he needed the firearm to protect himself.  Third, he alleges cumulative error from counsel’s omissions.  And fourth, he contends the postconviction court erred in rejecting his belated claim that counsel was ineffective for not raising an intoxication defense.  OPINION HOLDS: After reviewing the postconviction court’s thorough and well-reasoned analysis of Carr’s claims, we affirm the denial of relief.
 

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            Siblings appeal from the denial of their petition for specific performance to compel the sale of real estate by their brother and his spouse.  OPINION HOLDS: We affirm, finding the siblings were returned to the status quo before the petition was filed and therefore are owed no remedy.

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            A father appeals the termination of his parental rights to two children under Iowa Code section 600A.8(3)(b) (2022).  OPINION HOLDS: Clear and convincing evidence shows the father abandoned the children.  Although the father tries to blame his lack of contact with the children on external factors, we are unpersuaded.

            Appeal from the Iowa District Court for Audubon County, Craig M. Dreismeier, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (17 pages)

            Alison Brinker appeals the district court decree dissolving her marriage with Jason Owen, arguing the district court (1) undervalued the Owen family acreage, (2) failed to value certain farm equipment separately from the Accu-Steel company valuation, (3) undervalued the Klocke and Klein farms, and (4) wrongly denied her spousal support.  OPINION HOLDS: We affirm the district court’s valuation of Accu-Steel.  We modify the district court’s denial of spousal support to Alison and determine that she shall be awarded $3500 in monthly traditional spousal support consistent with this opinion.  We affirm the district court in all other respects and remand for purposes of calculating child support.

            Appeal from the Iowa District Court for Winneshiek County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Windridge Implements, LLC appeals the district court’s ruling ordering it to pay unpaid contractual damages to BMO Harris Bank, N.A.  OPINION HOLDS: Because the court did not err by enforcing the contractual obligation, we affirm.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (17 pages)

            The juvenile court terminated the mother’s parental rights to M.S., born in 2021, pursuant to Iowa Code section 232.116(1)(h) (2023).  On appeal, the mother challenges the juvenile court’s conclusion the statutory ground was proved, arguing M.S. could have been returned to her custody at the time of the termination trial or, alternatively, that the Iowa Department of Health and Human Services failed to make reasonable efforts at reunifying her with the child.  She also argues that the loss of her rights is not in the child’s best interests because of the bond the two share.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to M.S.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED.  Considered by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (13 pages)

            The juvenile court terminated the mother’s parental rights to L.S., born in 2019, pursuant to Iowa Code section 232.116(1)(f) (2024).  On appeal, the mother challenges the juvenile court’s conclusion the statutory ground was proved, arguing L.S. could have been returned to her custody at the time of the termination trial or, alternatively, that the Iowa Department of Health and Human Services failed to make reasonable efforts at reunifying her with the child.  She also argues that the loss of her rights is not in the child’s best interests because of the bond the two share.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to L.S.

            Appeal from the Iowa District Court for Marshall County, Paul G. Crawford, Judge.  AFFIRMED.  Considered by Tabor, C.J., Schumacher, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (5 pages)

            The juvenile court terminated the father’s parental rights to F.M., born in 2016; D.M., born in 2018; and S.M., born in 2018, pursuant to Iowa Code section 232.116(1)(f) (2024).  On appeal, the father concedes the statutory ground for termination was proved.  He argues it is in the children’s best interests to give him six more months to work toward reunification with the children, who had been returned to the mother’s custody.  Alternatively, he asks us to apply the permissive factor in section 232.116(3)(a) to save the parent-child relationships.  OPINION HOLDS: Because we cannot conclude the need for removal would no longer exist in six months and decline to apply a permissive factor to save the parent-child relationships, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: Because the mother has not shown she is able of meeting her children’s needs—particularly the substantial medical needs of one of the children—and termination is in the children’s best interests, we affirm.