2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Madison County, Terry Rickers, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Per curiam.  Concurrence in part and dissent in part by Badding, J.  (13 pages)

            Janey Shafer appeals the district court’s summary judgment order finding Frank Santana immune from liability for injuries caused by Santana’s horses.  OPINION HOLDS: We find that Shafer’s injury occurred while she was participating in a domesticated animal activity, bringing this case within the scope of Iowa Code chapter 673 immunity.  But because a fact question remains as to whether Shafer’s injury was the product of recklessness, we reverse the grant of summary judgment and remand for further proceedings.  PARTIAL DISSENT ASSERTS: I depart from my colleagues’ conclusion that a genuine issue of fact remains as to whether this case falls within the recklessness exception to chapter 673 immunity.  Because the summary judgment record suggests a question of negligence at most, I would affirm the district court’s order in its entirety.

            Appeal from the Iowa District Court for Warren County, Michael Jacobsen, Judge.  AFFIRMED AND REMANDED TO DETERMINE ATTORNEY FEES.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (19 pages)

            A plaintiff appeals an adverse ruling on his derivative and direct claims and requested injunctive relief.  OPINION HOLDS: Because the defendant acted reasonably and in good faith, we affirm and remand for the district court to determine reasonable appellate attorney fees.

            Appeal from the Iowa District Court for Mills County, Craig M. Dreismeier, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (17 pages)

            Morgan Prusha appeals the district court’s order upholding the validity of the premarital agreement she signed before marrying her now ex-husband, Jordan Prusha.  Morgan further argues that the district court improperly granted Jordan physical care of their two children.  She also argues the district court should have awarded her child support and spousal support.  And on appeal, she requests appellate attorney fees.  OPINION HOLDS: Because the premarital agreement was enforceable, and because we find no issues with the district court’s award of physical care to Jordan and the refusal to award Morgan child support or spousal support, we affirm.  We decline to grant appellate attorney fees.

            Appeal from the Iowa District Court for Cass County, Eric J. Nelson, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (6 pages)

            Jolynne Gill challenges the sufficiency of evidence supporting her convictions for delivery of psilocyn and delivery of LSD.  OPINION HOLDS: Because sufficient evidence supports Gill’s convictions, we affirm.

            Appeal from the Iowa District Court for Jasper County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Chicchelly and Buller and Langholz and Sandy, JJ.  Opinion by Chicchelly, J.  (9 pages)

            The City of Colfax appeals the district court’s ruling granting summary judgement for the Teamsters Union in an employment dispute.  OPINION HOLDS: Because the district court correctly found the arbitrator was within her authority to find the termination was not warranted, we affirm.

            Appeal from the Iowa District Court for Scott County, Elizabeth O'Donnell, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Tabor, C.J., and Badding and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            Ryan Mosley appeals the district court’s order granting defendants’ motion for summary judgment, arguing that no enforceable alternative dispute resolution agreement existed within the waiver of liability he signed.  He further argues that his claims are not encompassed by the terms of the waiver of liability, and that the defendant organization’s bylaws do not apply to his claims.  OPINION HOLDS: Although an enforceable alternative dispute resolution agreement does exist within the terms of the waiver, the terms of the waiver do not encompass Mosley’s claims.  The district court erred in granting defendants’ motion for summary judgment.  Accordingly, we reverse and remand for further proceedings at the district court.

            Appeal from the Iowa District Court for Ida County, Patrick H. Tott, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (3 pages)

            Scott Tomlinson appeals the district court order denying his petition to vacate a dissolution of marriage decree.  OPINION HOLDS: On our de novo review, we affirm.

          Appeal from the Iowa District Court for Dallas County, Michael Jacobsen, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Tabor, C.J.  (13 pages)

          Andrew Harland appeals the spousal support, physical care, and visitation provisions in the dissolution decree following his and Alyssa Harland’s divorce.  He asks us to reduce the amount and duration of spousal support owed to Alyssa and to grant him physical care, or to increase his visitation time.  OPINION HOLDS: Because we find the district court erred in finding the circumstances warranted awarding Alyssa all four types of spousal support, we modify the spousal support award, but we affirm the district court’s physical care and visitation provisions.

            Appeal from the Iowa District Court for Johnson County, Mark D. Fisher, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Thierry Munganga appeals from the denial of his petition for judicial review of an agency decision requiring him to repay an overpayment of unemployment benefits.  He argues that the unemployment-benefits filing process violated Title VI of the Civil Rights Act of 1964 and that the statute requiring repayment of overpaid unemployment benefits violates due process as applied to him.  OPINION HOLDS: Munganga failed to preserve his claims related to Title VI.  He also failed to establish a due process violation.  Moreover, we cannot grant equitable relief to waive the statutorily required repayment obligation.

            Appeal from the Iowa District Court for Cerro Gordo County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ.  Opinion by Greer, J.  (7 pages)

            McKinley Dudley Jr. appeals the district court’s denial of postconviction relief, arguing he received ineffective assistance when his defense attorney allowed him to plead guilty to an enhanced charge without a full understanding of the potential penalties.  OPINION HOLDS: Contrary to Dudley’s allegation, we find he was fully advised about his habitual-offender enhancement prior to entering his guilty plea, and so we are unconvinced that Dudley would not have proceeded but for counsel’s alleged errors.  Because Dudley cannot show the necessary prejudice, we affirm the denial of postconviction relief.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard at oral argument by Chicchelly, P.J., and Buller and Langholz, JJ.  Opinion by Chicchelly, P.J.  Concurrence in part and dissent in part by Langholz, J.  (27 pages)

            An employee appeals and his employer cross-appeals the district court’s judicial review order, which affirmed the workers’ compensation commissioner’s award of benefits.  OPINION HOLDS: Because the record supports the agency’s award of permanent partial disability benefits and alternate medical care for Koeller’s injuries, we affirm.  PARTIAL DISSENT ASSERTS: I concur in the court’s opinion addressing the cross-appeal.  But I dissent from the part of the opinion addressing Kevin Koeller’s appeal of the permanent-partial-disability award.  The workers’ compensation commissioner erred in his interpretation of the American Medical Association’s Guides to the Evaluation of Permanent Impairment and thus violated Iowa Code section 85.34(2)(x) (2022) by failing to use “solely” the AMA Guides to determine Koeller’s “percentage of permanent impairment.”  And so, I would reverse the commissioner’s interpretation of the AMA Guides and the resulting impairment rating and benefits award and remand for the commissioner to make a new finding of Koeller’s permanent impairment using an accurate interpretation of the AMA Guides.

            Appeal from the Iowa District Court for Harrison County, Justin R. Wyatt, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (10 pages)

            Katrina Hammermeister appeals the district court’s order placing legal custody and physical care of her two minor children with their father, Shannon Hammermeister.  On appeal, Katrina contends that the district court erred by not granting her request to award joint legal custody and shared physical care of the children.  Additionally, Shannon requests appellate attorney fees.  OPINION HOLDS: After reviewing the record before us, we affirm the district court’s order awarding Shannon sole legal custody and physical care of the children.  We deny Shannon’s request for appellate attorney fees.