2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Delaware County, Monica Zrinyi Ackley, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (15 pages)

            A father appeals an order modifying the child support provision of the decree dissolving his marriage, claiming the district court erred in calculating his income.  He also challenges the court’s failure to increase his visitation and the court’s orders relating to the guardian ad litem and the award of trial attorney fees.  OPINION HOLDS: Upon our review, we affirm the district court’s modification order and decline an award of appellate attorney fees to either party.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (7 pages)

            A jury convicted Luke Langebartels of invasion of privacy and five other sexually based offenses.  He now contends that the district court violated his confrontation rights under the Iowa Constitution by allowing the child victim to testify outside of his presence.  He also challenges the sufficiency of the State’s proof for invasion of privacy under Iowa Code section 709.21 (2022).  OPINION HOLDS: Because Langebartels failed to preserve error on his constitutional claim, it is not properly before us.  And viewing the evidence in the light most favorable to the jury’s verdict, we find substantial evidence to satisfy the elements of section 709.21(1).  So, we affirm his convictions.

            Appeal from the Iowa District Court for Johnson County, David M. Cox, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (10 pages)

            Building tenant Short’s Burger and Shine, LCC (Short’s) appeals from an order and writ of removal and possession in a commercial forcible‑entry‑and‑detainer (FED) action brought by MidWestOne Bank (MWO).  Short’s challenges the effect of a prior FED action and alleged lease violations, whether the lease was modified, and if strict compliance was necessary or equitable.  OPINION HOLDS: We find that MWO never repudiated or violated the clear terms of the lease, the lease wasn’t modified, and equity prohibits relief to Short’s.  We affirm and direct the district court to take any action necessary to issue or enforce the vacated writ of possession.

            Appeal from the Iowa District Court for Black Hawk County, David F. Staudt, Judge.  APPEAL DISMISSED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (5 pages)

            Following entry of a written guilty plea to criminal mischief and attempted burglary, Terrence Williams appeals the district court’s denial of his request for substitute counsel.  OPINION HOLDS: Because Williams failed to establish good cause, we dismiss his appeal.

            Certiorari to the Iowa District Court for Polk County, Kristen Formanek, Judge.  WRIT ANNULLED.  Considered without oral argument by Ahlers, P.J., Langholz, J., and Mullins, S.J.  Opinion by Langholz, J.  (3 pages)

            Joshua Uranga challenges the jurisdiction of the district court to act in his criminal proceeding while his application for discretionary review was pending in the supreme court.  OPINION HOLDS: We treat Uranga’s challenge as a petition for writ of certiorari, grant the writ, and proceed to the merits.  Because an application for discretionary review does not deprive the district court of jurisdiction and Uranga did not seek a stay while the application was pending, the district court had jurisdiction to accept his guilty plea, adjudicate him guilty, and impose a sentence.  We thus annul the writ. 

            Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Heard at oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (11 pages)

            Cade Francis Sinclair challenges the denial of his motion to suppress evidence obtained during an investigatory stop of his vehicle.  OPINION HOLDS: Because the officer had reasonable suspicion of criminal activity to justify the investigatory stop of Sinclair’s vehicle, we affirm the denial of Sinclair’s motion to suppress and affirm his conviction.

            Appeal from the Iowa District Court for Bremer County, Colleen Weiland, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., Schumacher, J., and Vogel, S.J.  Opinion by Tabor, C.J.  (4 pages)

            Reed Kahler appeals the district court’s denial of his petition to modify the child custody and physical care provisions of the decree dissolving his marriage to Megan Paulding.  OPINION HOLDS: Because Reed failed to prove a substantial or material change in circumstances and a criminal no-contact order prevents modifying the custody and physical care provisions, we affirm with this memorandum opinion.  See Iowa Ct. R. 21.26(1)(d), (e).  We decline Megan’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (18 pages)

            Following the death of her one-year-old son, Yemissi Keto appeals her convictions for first-degree murder and child endangerment resulting in death.  OPINION HOLDS: Because Keto did not make an offer of proof at trial on the evidentiary challenge she now raises, error is not preserved.  Corroborative evidence of Keto’s confession exists in the record to support the guilty verdicts.  And the jury was free to reject Keto’s insanity defense based on the expert testimony presented at trial.   

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (9 pages)

            Brett Zumbrunnen appeals a ruling modifying the decree dissolving his marriage to Lynnde Zumbrunnen.  He claims the district court erred by failing to grant his request for primary physical care of the parties’ children and by requiring the parties to engage in counseling.  OPINION HOLDS: Upon our review, we affirm the district court’s modification order as modified to eliminate the counseling requirement.

            Appeal from the Iowa District Court for Benton County, Ian K. Thornhill, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (10 pages)

            A jury convicted Stacy Diveley on six counts of child endangerment.  Stacy appeals, challenging the district court’s denial of her motion for mistrial.  Stacy raises two Brady challenges and one rule 5.403 challenge.  The State disputes Stacy preserved error on these issues.  OPINION HOLDS: Stacy failed to preserve error on her Brady challenges.  Assuming she preserved error on her rule 5.403 challenge, her failure to provide supportive legal authority has waived the issue.  Accordingly, we affirm. 

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

            Defendant-Appellant Gregory Jackson appeals following his jury trial convictions for operating while intoxicated, first offense, a serious misdemeanor in violation of Iowa Code section 321J.2(2)(a) (2023), and possession of a controlled substance, first offense, a serious misdemeanor in violation of Iowa Code section 124.401(5).  On appeal Jackson claims that the district court failed to apply the proper weight-of-the-evidence standard when ruling upon his motion for new trial.  OPINION HOLDS: Because Jackson never received a ruling on the weight-of-the-evidence challenge and failed to preserve error, we affirm.  

            Appeal from the Iowa District Court for Cedar County, Jeffrey D. Bert, Judge.  AFFIRMED ON APPEAL; VACATED IN PART AND REMANDED WITH INSTRUCTIONS ON CROSS-APPEAL.  Heard at oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (19 pages)

            CMT Highway, LLC (CMT) appeals from a ruling that found it breached its contracts with Logan Contractors Supply, Inc. (Logan Contractors).  CMT argues that it never formed binding contracts with Logan Contractors and, even if it did, it did not breach any contracts when it sought to change the purchase price of materials it was to produce for Logan Contractors.  CMT claims that even if it breached the contracts the court erred in awarding Logan Contractors damages for cover materials and including damages associated with separate projects not subject to the proposed price increases.  Logan Contractors cross-appeals challenging the interest awarded to CMT for previously delivered materials for which Logan Contractors had withheld payment, claiming CMT was improperly awarded double prejudgment interest.  Logan Contractors also argues that the court did not correctly set the start date and rate of post-judgment interest on its award against CMT.  OPINION HOLDS: The parties did form binding contracts when Logan Contractors accepted CMT’s bids, and CMT breached those contracts by refusing to produce materials for Logan Contractors at the agreed pricing.  The award of damages for cover materials is supported by substantial evidence.  Because CMT refused to continue to do any business with Logan Contractors if Logan Contractors did not agree to pay higher prices on certain projects, it repudiated all contracts it had with Logan Contractors and Logan Contractors was entitled to damages for cover materials on all projects, including those not subject to the price increases.  As to the cross-appeal, Logan Contractors failed to preserve error on its claim relating to post-judgment interest.  However, we remand to correct the prejudgment interest awarded to CMT for payments Logan Contractors withheld for previously delivered materials.