2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Lee (North) County, Wyatt Peterson, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (9 pages)

            A mother appeals from the modification of a custody decree, challenging a finding of a substantial change in circumstances and the father’s ability to provide superior care.  Both parents request appellate attorney fees.  OPINION HOLDS: We affirm the modification and decline to award appellate attorney fees.

            Appeal from the Iowa District Court for Hancock County, Gregg R. Rosenbladt, Judge.  AFFIRMED.  Heard at oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (11 pages)

            Scott Larson appeals the district court’s ruling on judicial review affirming the Iowa Grain Indemnity Fund Board’s denial of his indemnification claim for soybeans delivered to a licensed grain dealer before the dealer filed for bankruptcy.  OPINION HOLDS: Reviewing the administrative record as a whole, we agree substantial evidence supports the Board’s finding that Larson transferred title to the grain outside the six-month indemnity window.  We thus affirm the Board’s denial of his indemnification claim.

            Appeal from the Iowa District Court for Fremont County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (10 pages)

            In this postconviction-relief action, Jacob Beer argues his plea counsel was ineffective for failing to request and secure an interpreter in Dinka, a South Sudan language, and failing to explain the guilty plea to Beer before he signed it.  He claims he did not understand what his guilty plea meant because of the language barrier and maintains he only wanted to go to trial.  OPINION HOLDS: We find Beer failed to show he was prejudiced, so his ineffective-assistance-of-counsel claims fail.  We affirm.

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Buller, J.  (3 pages)

            A defendant appeals from the discretionary sentence and denial of deferred judgment following his guilty plea to domestic abuse assault causing injury.  He claims the district court had a fixed sentencing policy.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Greene County, Kurt J. Stoebe, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (12 pages)

            Linnette Sondgeroth challenges the property-division and attorney-fee provisions of the decree dissolving her marriage to Robert Sondgeroth.  Her central focus is to regain the inheritance monies she received in 2012 as a part of the property division.  Linnette also argues that the district court abused its discretion when it did not order Robert to pay her trial attorney fees and asks us to order Robert to pay her appellate attorney fees.  OPINION HOLDS: We modify the decree to award Linnette all of her IPERS pension.  The district court did not abuse its discretion when it ordered the parties to pay their own legal fees, and we do not award appellate attorney fees.  We affirm the decree as modified.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (14 pages)

            A drywall subcontractor tried to foreclose a mechanic’s lien against the general contractor and the owner of a construction project.  But that was impossible because the drywalling was for a public project.  This appeal arises from the subcontractor’s efforts to amend its petition and proceed instead under Iowa Code chapter 573 (2024), which governs public construction projects.  The general contractor and the owner moved to dismiss the amended petition, alleging the subcontractor failed to meet deadlines required by chapter 573.  The district court agreed and dismissed the subcontractor’s petition.  The subcontractor appeals, contending the court should have applied the relation-back doctrine, misinterpreted Iowa Code section 573.10 or, alternatively, overlooked evidence to support an equitable estoppel claim.  The subcontractor also challenges the court’s rulings on its claim of common law fraud and its request for sanctions.  OPINION HOLDS: Because the district court did not err in granting the motion to dismiss the amended petition and did not abuse its discretion in denying the motion for sanctions, we affirm.

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

            Following a guilty plea, a defendant challenges his sentence.  OPINION HOLDS: We find no abuse of discretion by the district court and affirm.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J. (5 pages)

            John Wheeler appeals his sentence following his conviction of one count of incest, challenging the district court’s reliance on certain sentencing factors and the disregard of mitigating factors.  Wheeler claims the court abused its discretion by sentencing him to incarceration rather than suspending the sentence as recommended in the presentence investigation report.  OPINION HOLDS: Upon review, we affirm.

            Appeal from the Iowa District Court for Carroll County, Adria Kester, Judge.  AFFIRMED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Markus Neumann appeals the denial of his request to modify physical care, challenging the court’s evidentiary ruling and requesting physical care of the parties’ minor child and a child support variance.  Kelsey Weltz requests appellate attorney fees.  OPINION HOLDS: Because Markus cannot establish that modification is warranted, we affirm the denial to modify physical care and remand with directions to award Kelsey appellate attorney fees.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A father appeals from a finding that his ex-spouse was not in contempt of court for allegedly violating a dissolution decree’s visitation provisions.  OPINION HOLDS: Although it would have been better to address the circumstances surrounding the move first by formal modification, the district court did not err in denying the application for contempt, and we affirm.

            Appeal from the Iowa District Court for Butler County, Colleen Weiland, Judge.  AFFIRMED AS MODIFIED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (11 pages)

            A former spouse appeals provisions from a dissolution decree.  OPINION HOLDS: We modify the district court’s decree to terminate the traditional spousal support on July 31, 2034.  We affirm all other aspects of the district court’s dissolution decree.  And we award partial appellate attorney fees.

            Appeal from the Iowa District Court for Bremer County, Peter B. Newell, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Greer, P.J.  (10 pages)

            A mother appeals the private termination of her parental rights, arguing the child’s grandparents, the child’s current placement, failed to prove a statutory basis for termination and failed to prove termination was in the child’s best interests.  OPINION HOLDS: We find the grandparents proved the mother abandoned her child and termination is in the child’s best interests.  We affirm the decision of the juvenile court.