July 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Howard County, John J. Sullivan, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

                Jeffrey and Shirlee Haw appeal the denial of their petition to enjoin the City of Cresco’s alleged violations of an access easement.  OPINION HOLDS: Although the language of the easement is facially ambiguous, we agree with the district court’s interpretation based on the circumstances surrounding the easement’s creation and the purpose for which it was granted.  We find that the Haws are not entitled to cross the City’s lots at all points along the parties’ shared boundary and that, consequently, the City’s fence does not unreasonably interfere with the Haws’ access right.  We affirm the denial of injunctive relief.

            Appeal from the Iowa District Court for Dallas County, David Faith, Judge.  AFFIRMED.  Considered without oral arguments by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J. (6 pages)

            Michael Page appeals his conviction for willful injury causing serious injury, arguing the district court erred in denying his motion to dismiss.  Page contends the State violated his right to speedy trial by pursuing willful injury charges after an earlier criminal proceeding against him for attempted murder was dismissed.  OPINION HOLDS: Because the district court did not err in concluding willful injury causing serious injury is a different offense than attempted murder for speedy trial purposes, we affirm. 

            Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.   Opinion by Langholz, J.  (9 pages)

            Michelle Ralls and Aaron Smart each separately appeal a custody order under Iowa Code chapter 600B (2022).  Ralls challenges the district court’s placement of their son in the parties’ joint physical care rather than in her physical care.  And Smart challenges the court’s denial of his request to change the son’s last name from Ralls to Smart.  OPINION HOLDS:  On our de novo review—giving due deference to the district court’s first-hand view of the evidence and witnesses—we agree that joint physical care is in the son’s best interest.  The parties have proven capable of co-parenting and do not exhibit the degree of strife that renders joint physical care unworkable or detrimental to the son.  As for the son’s last name, assuming the court had authority to consider this name-change request under chapter 600B even though Ralls did not unilaterally select the name, we agree with the court that the change is not in the son’s best interest.  The son has had this last name for ten years, he shares it with his half-sister, and preserving his identity promotes consistency, convenience, and stability for the son.  We thus affirm the district court’s order on both the appeal and cross-appeal.  And we decline Smart’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Johnson County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (4 pages)

            Laura Mangrich appeals her sentences for second-degree theft and unauthorized use of a credit card.  OPINION HOLDS: The district court did not abuse its discretion in imposing concurrent suspended sentences rather than deferred judgments.

            Appeal from the Iowa District Court for Scott County, Michael Motto, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (5 pages)

            Debbie Broom appeals her sentence following her conviction for third-degree theft.  She contends the court abused its discretion when it imposed its sentence.  OPINION HOLDS: Finding no abuse of discretion in the court’s sentencing decision, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Brook Jacobsen, Judge.  APPEAL DISMISSED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Greer, P.J.  (7 pages)

            Christian argues that his sentence, as imposed, is illegal as, according to him, the State violated his right to speedy trial contained in Iowa Rule of Criminal Procedure 2.33(2) and that violation makes his sentence illegal.  OPINION HOLDS: We find Christian failed to show good cause and, as a result, this court does not have jurisdiction over his appeal.  Christian also failed to preserve error to his argument on appeal.

            Appeal from the Iowa District Court for Linn County, Michael Harris, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (2 pages)

            An applicant appeals the denial of his second application for postconviction relief.  OPINION HOLDS: Because the application was filed outside the statute of limitations, we affirm by memorandum opinion. 

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Sandy, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (11 pages)

            A plaintiff appeals a summary judgment ruling dismissing his premises-liability claims under judicial estoppel.  OPINION HOLDS: Because the plaintiff knew of his premises-liability claims before and during his Chapter 7 bankruptcy proceedings but never disclosed them to the bankruptcy court or his creditors, judicial estoppel bars him from pursuing these undisclosed claims.  Thus, we affirm summary judgment for the defendants.

            Appeal from the Iowa District Court for Floyd County, Rustin Davenport, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Allison L. Hanson appeals the physical‑care provision of her decree dissolving her marriage to Justin L. Hanson.  OPINION HOLDS: Because we find that physical care with Justin is in the best interests of the children, we affirm.  We also decline to award either party trial or appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (7 pages)

            A father appeals the denial of his petition to modify custody of his seven­year-old daughter, contending that the level of animosity between the parents was not contemplated when the custody decree was last modified in 2021.  OPINION HOLDS: Because the father did not show that the persistent parental conflicts marked a substantial change in circumstances, we affirm the district court’s refusal to modify the decree.  We remand for further proceedings to determine appropriate appellate attorney fees for the mother’s defense of the custody decree.

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

            Andrew Briggs appeals from a district court modification order that placed his child in the physical care of the child’s mother, Kaitlyn Richter.  Andrew agrees that there has been a material and substantial change in circumstances to warrant a change from a joint physical care arrangement to placement of the child in the physical care of one of her parents.  He argues the district court should have placed the child in his physical care instead of Kaitlyn’s.  Kaitlyn requests Andrew be ordered to pay her appellate attorney fees.  OPINION HOLDS: Kaitlyn’s flexible work schedule is more conducive to caring for the child day-to-day than Andrew’s second-shift work schedule.  We affirm the district court’s decision to place the child in Kaitlyn’s physical care.  And we decline to award Kaitlyn appellate attorney fees.

            Appeal from the Iowa District Court for Carroll County, Joseph McCarville, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (11 pages)

            A mother appeals the juvenile court order adjudicating her two minor sons as children in need of assistance.  The mother contends the evidence was insufficient to support the statutory ground for adjudication.  OPINION HOLDS: Upon our de novo review of the record, we affirm.