2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Tyrone Bryson appeals the dismissal of his application for postconviction relief from his 1999 convictions and the sanctions imposed by the court.  OPINION HOLDS: Substantial evidence supports the district court’s determination that Bryson’s claim is frivolous, and the court did not abuse its discretion in imposing a penalty for loss of thirty days earned time credit.  Bryson failed to preserve error on his claim that the district court improperly took judicial notice of outside pleadings.  We affirm.

            Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (12 pages)

            Shelly Sholley appeals the district court’s ruling dismissing her petition to vacate an in rem judgment received by Newrez LLC—doing business as Shellpoint Mortgage Servicing (Shellpoint).  On appeal, she argues the district court improperly dismissed her petition to vacate due to her failure to serve Shellpoint with original notice—signed by the clerk and under the seal of the court—in a timely manner.  OPINION HOLDS: Because we find the district court did not err by dismissing Sholley’s petition to vacate for failure to serve original notice within the timeframe prescribed by our rules of civil procedure, we affirm.

            Appeal from the Iowa District Court for Polk County, Christopher Kemp, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (16 pages)

            John Mordini appeals the decree dissolving his marriage to Nichole (Nikki) Miras Mordini.  He argues (1) he should have been awarded traditional spousal support because the parties were married more than twenty years and have a large discrepancy in annual income; (2) he should be awarded half the value of Nikki’s retirement accounts; (3) debts he incurred in the lead-up to the dissolution trial should have been considered marital and divided between the two parties; and (4) “errors of law at trial and bias by the [district court] evidenced in the . . . decree of dissolution of marriage violated his due process rights and prevented him from receiving an equitable proceeding.”  Nikki asks that we affirm the dissolution decree and award her $15,000 in appellate attorney fees.  OPINION HOLDS: First, we deny Nikki’s motion to strike portions of John’s appellate brief.  Following our review of the dissolution proceedings, we affirm the district court’s decree and decline award appellate attorneys.

    Appeal from the Iowa District Court for Clinton County, Kimberly K. Shepherd, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J. (4 pages)

    After pleading guilty to possession of marijuana, third offense, Billy Bishop asked the district court to suspend his indeterminate five-year prison sentence.  The court declined, finding that incarceration was the “appropriate rehabilitative plan” for Bishop and the better choice to protect the public.  On appeal, Bishop contends that sentence was an abuse of discretion.  OPINION HOLDS: Finding the district court properly weighed its sentencing options, we affirm.
 

            Appeal from the Iowa District Court for Johnson County, Paul D. Miller, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A criminal defendant appeals his discretionary sentence following a guilty plea.  OPINION HOLDS: Finding no abuse of discretion by the sentencing court, we affirm.

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J. (6 pages)

            Morgan Varner appeals her conviction and sentence for assault causing bodily injury.  She argues that the State failed to prove her use of force was not justified and that the district court abused its sentencing discretion.  OPINION HOLDS: Substantial evidence supports the jury verdict.  And the district court did not abuse its discretion by considering an improper factor or following a fixed sentencing policy.  We thus affirm Varner’s conviction and sentence.

            Appeal from the Iowa District Court for Jasper County, Stacy Ritchie, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the district court’s order removing her as co-guardian to her adult son with disabilities.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Henry County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Rubey Lawn Care, LLC appeals the judgment awarding damages to Access Energy Cooperative and Lomont Molding, LLC for damages its alleged negligence caused to an electrical transformer.  OPINION HOLDS: Because a reasonable person could find it more likely than not that Rubey Lawn Care damaged the transformer, we affirm the judgment.

    Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR NEW TRIAL.  Heard at oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (16 pages)

    Jonathan Critser appeals the grant of judgment notwithstanding the verdict (JNOV) on his claim of wrongful termination in violation of public policy when he applied for unemployment benefits after calling in sick.  He also challenges the jury instructions.  OPINION HOLDS: We find the verdict was not supported by substantial evidence that Critser engaged in protected conduct, according to the definition of protected conduct given to the jury.  So we affirm the JNOV.  But we find the definition given to the jury was erroneous and reverse the district court’s ruling on the jury instructions.  We remand for a new trial using a corrected definition of protected conduct.
 

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (10 pages)

            Evan Shelton appeals, arguing the State breached his plea agreement by attempting to discuss alternative plea negotiations during sentencing.  OPINION HOLDS: Because the terms of the plea agreement did not mandate the State recommend a sentence, we find the State abided by the spirit of the plea agreement.  We affirm the sentence as imposed. 

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge. APPEAL DISMISSED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            David Wetzel appeals his conviction for reckless use of fire or explosives, challenging the voluntariness of his guilty plea.  OPINION HOLDS: Because Wetzel failed to establish good cause, we dismiss his appeal.   

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            The Coateses and the Brehms entered into an arrangement for the sale of a parcel of land.  The Coateses submitted a written offer to purchase for $1,500,000.  But, the Brehms argue an escalation clause in the addendum to the purchase contract applied, setting the purchase price at $1,700,000.  OPINION HOLDS: We reverse the summary judgment ruling in favor of the Coateses; the district court should have found the parties agreed to a purchase price of $1,700,000.  We affirm the district court’s denial of the Coateses’ request for attorney fees.