2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered without oral argument by Buller, P.J., Sandy, J., and Mullins, S.J.  Opinion by Sandy, J.  (22 pages)

            Matthew Maxwell appeals the district court’s denial of his petition to modify the physical care provisions of the decree dissolving his marriage to Katie Maxwell.  On appeal, Matthew contends the district court erred by not granting his request to modify the decree to provide for joint physical care of his and Katie’s two sons.  Additionally, the Iowa Department of Human Services, Child Support Services (“CSS”) appeals the district court’s modification of the child support provisions of the dissolution decree, arguing it was a party to the decree and should have received notice and an opportunity to be heard on the issue of modification of child support.  OPINION HOLDS: After our careful review of the record, we affirm the district court’s denial of Matthew’s request for joint physical care.  We conclude joint physical care is not in the children’s best interests.  However, we vacate the district court’s modification of the child support provisions.  Because CSS was providing support services prior to the start of the modification action, it was a party to the decree and should have been given notice and an opportunity to be heard.  Accordingly, we remand for a hearing on the issue of modification of the child support provisions of the decree. 

            Appeal from the Iowa District Court for Linn County, Christopher Bruns, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Langholz, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (9 pages)

            Alivonta Deneil Turner appeals the district court’s custody order granting Ariana Elizabeth Garrels physical care and sole legal custody to their child.  In addition to arguments regarding the custody and physical care issues, Turner argues that Iowa Code section 610.1 (2022), which provides the fee for ordering the transcript of the district court proceedings cannot be deferred, is unconstitutional and that requiring him to pay the transcript fee violates his constitutional rights.  OPINION HOLDS: Because all of Turner’s arguments are waived or meritless to the extent they are properly raised, we affirm the district court’s decree.

            Appeal from the Iowa District Court for Buchanan County, Melissa Anderson-Seeber, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (5 pages)

            John Coleman appeals his sentence, arguing that the district court imposed an illegal sentence by placing him on probation for three years following his guilty plea to a felony and a misdemeanor.  Coleman argues that, because his sentence includes a misdemeanor offense, his probation must be limited to a maximum of two years.  OPINION HOLDS: The sentence imposed is not illegal.  Coleman’s sentences were run consecutively, which Iowa Code section 901.8 (2024) requires to be treated as a single sentence.  Because that sentence included a felony, the district was required to place Coleman on probation for a period of two to five years.  The ordered three-year term of probation is within that range and not illegal.

            Appeal from the Iowa District Court for Clinton County, Patrick A. McElyea, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            The plaintiffs in a medical malpractice action appeal the order dismissing their claims with prejudice for failing to substantially comply with the requirements for a certificate of merit under Iowa Code section 147.140 (2020).  OPINION HOLDS: Because the district court’s ruling complies with recent Iowa Supreme Court precedent, we affirm.

            Appeal from the Iowa District Court for Fayette County, John J. Sullivan, Judge.  AFFIRMED.  Considered without oral arguments by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Jason Barksley appeals the denial of his application for postconviction relief (PCR) concerning his conviction for sexual abuse in the second degree.  He alleges ineffective assistance of trial counsel and that the district court abused its discretion by accepting a written guilty plea.  OPINION HOLDS: We affirm the district court’s denial of the application for postconviction relief because Barksley fails to establish his counsel was ineffective and the district court’s acceptance of the written guilty plea was proper.

            Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge. AFFIRMED. Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (8 pages)

            The City of Burlington appeals the district court’s denial of its petition to take title of the property of John and Michelle Schoof.  The City contends (1) the district court erred in refusing to consider the City’s proposed exhibits that were not offered or admitted into evidence; (2) the district court erred in finding that the Schoofs could not be trespassers on their own property; and (3) the district court’s ruling undermines the “valuable tool” in Iowa Code section 657A.10B(4) (2023) meant to discourage owners from abandoning  properties in a deteriorated and dangerous condition.  OPINION HOLDS: The district court did not err in declining to consider proposed exhibits the City did not offer into evidence, and the Schoofs did not waive any objection to their admission.  And to prove trespass and abandonment, the City cites an inspection report it never offered into evidence and that is not available to us on appeal.  The City did not carry its burden, so we affirm. 

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

            Brandon Lautenbach challenges the sufficiency of evidence supporting his conviction for second-degree sexual abuse.  OPINION HOLDS: When viewed in the light most favorable to the State, the evidence was sufficient for a rational factfinder to conclude that Lautenbach used force creating a substantial risk of death or serious injury.  Accordingly, we affirm his conviction for second-degree sexual abuse.

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

            David Nuno appeals the denial of his application for postconviction relief (PCR) concerning his conviction for sexual abuse in the second degree. He alleges his trial and appellate counsel were ineffective. OPINION HOLDS: We affirm the denial of the application for PCR because Nuno cannot establish either his trial or appellate counsel failed to perform an essential duty.

            Appeal from the Iowa District Court for Lee (North) County, Clinton R. Boddicker, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (18 pages)

            Siblings and trust beneficiaries, Carl Meyers and Teresa Woodley, appeal the district court’s grant of partial summary judgment (1) concluding that a specific provision of the trust adeemed; (2) concluding that when Carl and Teresa served as co-trustees of the trust, they breached their fiduciary duties; (3) removing Carl and Teresa as co-trustees; and (4) ordering Carl and Teresa to each pay half of the attorney fees incurred by their sibling, Lora Hickey.  Lora requests appellate attorney fees.  OPINION HOLDS: We affirm the district court’s order in all respects as to ademption of the specific bequest to Carl as described in this opinion, except we modify it to provide that the security interests in the relevant company held by the trust are released to Carl and extinguished.  We affirm the decision finding that Carl and Teresa breached their fiduciary duties and the decision to remove them as trustees of the trust.  We also affirm the district court’s award of attorney fees, finding much of the challenge to the award unpreserved and no abuse of discretion as to the issues that were preserved.  Finally, we decline to order Carl or Teresa to pay Lora’s appellate attorney fees for this appeal. 

            Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            Jeremy Thomas Miller-Verduyn appeals the property settlement amount he was ordered to pay to his former wife, Angela Beth Miller-Verduyn, and the means by which the district court ordered him to do so in its dissolution decree.  Specifically, he argues that the district court should have determined the marital portion of the John Deere Tax-Deferred Savings Plan (TDSP), deducted it from the lump sum amount, and transferred said portion to Angela via a Qualified Domestic Relations Order (QDRO).  He also contends the amount and manner in which the district court structured the lump sum property settlement did not take into consideration his financial circumstances.  OPINION HOLDS: Because we believe use of a QDRO in dividing the John Deere TDSP is equitably required, we modify the property equalization provisions of the dissolution decree and remand for issuance of a QDRO consistent with this opinion.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            Dustin McGonigle appeals the district court’s grant of Finley Hospital and Alejandro Pulido, M.D.’s (together, “the Hospital”) second motion to dismiss, arguing (1) his certificate of merit substantially complies with Iowa Code section 147.140 (2024); and (2) the Hospital’s challenge to the certificate is waived and precluded due to the Hospital’s failure to raise the issue in its first motion to dismiss.  OPINION HOLDS: Because Banwart v. Neurosurgery of North Iowa, P.C., 18 N.W.3d 267, 272–75 (Iowa 2025) definitively establishes that a certificate of merit affidavit must be “signed by the expert under oath or under penalty of perjury” to be substantially compliant with the statute and because the hospital’s failure to raise the certificate-of-merit defect in its first motion to dismiss does not preclude or waive the issue in its second motion to dismiss, we affirm.

            Appeal from the Iowa District Court for Des Moines County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (12 pages)

            A defendant appeals his convictions of willful injury causing bodily injury, first-degree harassment, and domestic abuse assault by strangulation.  The defendant asserts (1) the court erred by denying his motion for a continuance to obtain further information regarding a fair-cross-section challenge; (2) he was prejudiced by the court’s evidentiary rulings; (3) the evidence was insufficient to support the convictions; and (4) the court abused its sentencing discretion.  OPINION HOLDS: Upon our review, we affirm.