2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Webster County, Kurt L. Wilke, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A parent appeals the district court’s denial of her petition to modify physical care.  OPINION HOLDS: We affirm the district court’s parenting schedule modification and determination no substantial change of circumstances to warrant a change in physical care.  And we deny the parent’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            An employer and its insurance carrier appeal the district court order reversing the workers’ compensation commissioner’s denial of an employee’s claims for benefits.  OPINION HOLDS: Viewing the entire record before the agency, we agree with the district court’s conclusion that the agency’s causation finding is not supported by substantial evidence.  We also agree that the agency erred by placing the burden on the employee to show he provided notice of his injury rather than requiring the defendants to prove lack of notice as an affirmative defense.  We therefore affirm the judicial review ruling.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (21 pages)

            Mecene Laguerre appeals the district court’s ruling on judicial review affirming the workers’ compensation commissioner’s decision that his skin injury, which was limited to his right arm and leg, was a scheduled injury under paragraph “t” of Iowa Code section 85.34(2) rather than an unscheduled injury under paragraph “v.”  He argues that the court incorrectly interpreted section 85.34(2) because any non-face-or-head skin injury is always unscheduled as a matter of law.  OPINION HOLDS: We agree with the district court that the commissioner did not err.  None of Laguerre’s arguments overcomes the longstanding judicial and agency precedent—recently reaffirmed by our supreme court—that injuries like these to the skin must be evaluated case-by-case to determine whether the injury is localized to a scheduled body part or extends to the whole body.  We thus affirm.

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Chicchelly, J.  (5 pages)

            Courtney Ashby appeals the sentencing imposed after pleading guilty to theft in the second degree and extortion.  She alleges the district court abused its discretion in denying her request for probation and sentencing her to prison.  OPINION HOLDS: Because we find the district court did not rely on improper sentencing factors in imposing a prison sentence, we affirm Ashby’s sentences.

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schier, Judge.  AFFIRMED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (5 pages)

            Plaintiffs appeal an adverse summary-judgment ruling concerning Iowa’s recreational-land-use statutes.  OPINION HOLDS: Treating the notice of appeal as an application for interlocutory appeal, and construing the recreational-use statutes in favor of the landowner, we affirm the district court.

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

            Justin Meade appeals the guilty plea and sentence for his conviction of harassment in the first degree.  He argues that his guilty plea was not knowing or voluntary and that the district court abused its discretion by declining to suspend his sentence despite mitigating factors.  OPINION HOLDS: Because Meade did not file a motion in arrest of judgment, his challenge to the validity of his guilty plea is not preserved for appellate review.  The record reflects that the district court considered all appropriate sentencing factors, including mitigating and aggravating circumstances.  Accordingly, we affirm Meade’s sentence.

            Appeal from the Iowa District Court for Hardin County, Bethany Currie, Judge.  REVERSED IN PART, VACATED IN PART, AND REMANDED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Chicchelly, P.J.  (9 pages)

            The plaintiffs challenge the district court’s grant of summary judgment for the defendants. They allege the district court erred when it granted summary judgment on (1) their claim of insufficient notice under Iowa Code section 21.4(1) (2023), (2) their claims requesting removal of members of the city council, and (3) joinder of the claims on the court’s own motion. OPINION HOLDS: Upon our review, we reverse the district court’s grant of summary judgment relating to the notice under the Iowa Open Meetings Law and the mandatory joinder of the cases.  And we vacate the dismissal of the removal claims under Iowa Code section 21.6(2).

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (3 pages)

            Clayton Shaw appeals the sentence imposed following his guilty plea to possession of heroin with intent to deliver as an habitual offender.  OPINION HOLDS: The district court did not abuse its discretion when it sentenced Shaw to a term of incarceration. 

            Appeal from the Iowa District Court for Crawford County, Kristal L. Phillips, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (10 pages)

            A mother appeals the termination of her parental rights to her child, arguing that a custodial order should govern and avoid the termination of her parental rights and that the father did not meet his burden to prove abandonment.  OPINION HOLDS: Upon our de novo review, we affirm, finding the father established a ground for termination, that the mother abandoned the child as is defined in Iowa Code section 600A.8(3)(b) (2024), and that it is in the best interest of the child to terminate the mother’s parental rights.

            Appeal from the Iowa District Court for Monroe County, Michael Carpenter, Judge.  AFFIRMED.  Heard at oral arguments by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (7 pages)

            Parks Finishing C7, LLC and Parks Finishing C8, LLC claim the district court incorrectly interpreted the termination provisions of two manure easement agreements when it concluded that an eighteen-month termination option applied to the initial and continuing terms of the agreements.  On appeal, they contend the court erred (1) by applying the last preceding antecedent rule because the termination clause is unambiguous; (2) in the manner it applied the rule even if it is applicable; and (3) by interpreting the termination clause in such a way as to render part of it superfluous.  OPINION HOLDS: Because an exception to the last precedent antecedent rule applies, the district court properly applied that exception, and the district court’s interpretation did not make any part of the termination clause superfluous, we affirm.

            Appeal from the Iowa District Court for Marion County, Michael Jacobsen, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH DIRECTIONS.  Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (2 pages)

            A criminal defendant appeals his sentence.  OPINION HOLDS: We accept the State’s concession that the district court erred in ordering the defendant complete sex-offender treatment and reverse and remand with instructions.  As to his abuse of discretion claim, we affirm. 

            Appeal from the Iowa District Court for Tama County, Angie Johnston, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (11 pages)

            A mother appeals the district court’s denial of her petition to terminate a father’s parental rights to their child under Iowa Code chapter 600A (2024).  She claims the court erred in determining she failed to prove the father abandoned the child and termination of the father’s parental rights was in the child’s best interests.  The mother also challenges the court’s order denying her counsel access to child-in-need-of-assistance files involving the father’s other child.  OPINION HOLDS: Upon our review, we reverse the district court’s order and remand with directions to enter an order terminating the father’s parental rights consistent with this opinion.