2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Sac County, Adria Kester, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A defendant appeals his sentence for third-degree sexual abuse.  OPINION HOLDS: Because the defendant has not shown the sentencing court abused its discretion when considering the victim impact statement, declining to impose probation, or declining to suspend the statutory fine and surcharge, we affirm.

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED As MODIFIED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (15 pages)

            Mathias Libby appeals the district court order denying his petition for modification of the custody decree for his minor daughter.  Specifically, he argues the district court erred in not granting his requests for joint physical care and ordering a minor alteration to the holiday visitation schedule.  He also contends the district court erred by awarding the child’s mother trial attorney fees.  OPINION HOLDS: After our review of the record, we conclude the district court properly denied Libby’s requests for modification.  However, we find the district court abused its discretion in awarding the child’s mother trial attorney fees.

            Appeal from the Iowa District Court for Johnson County, Sean W. McPartland, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (6 pages)

            Mortgagors in a foreclosure proceeding—Lien Vu, Sankar Baruah, and Liberty View Mall, L.L.C.—appeal the district court’s grant of summary judgment for the mortgagee—Solon State Bank.  They argue foreclosure was improper because they entered into a forbearance agreement with Solon State Bank.  OPINION HOLDS: The mortgagors failed to generate a dispute of material fact over whether the parties entered into a forbearance agreement.  Their summary-judgment evidence does not show any mutual intent to cabin Solon State Bank’s foreclosure rights, instead resting exclusively on their own subjective—and unilateral—understanding of the circumstances.  And they cannot rely on Solon State Bank’s course of conduct leading up to foreclosure to infer the existence of an agreement, as Solon State Bank could accept partial payments without waiving its foreclosure rights and indeed acted to enforce its rights, including accelerating all three notes.  Thus, because the mortgagors agree they were in default and we find no evidence showing the parties entered into a forbearance agreement, we affirm the district court’s grant of summary judgment.

    Appeal from the Iowa District Court for Dubuque County, Michael J. Shubatt, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (12 pages)

    Robert and Judy Millius sued Area Residential Care, Inc. and Area Residential Care Foundation (collectively ARC) on behalf of their son, Logan, in January 2022.  After a series of discovery disputes between counsel for the parties, the district court dismissed the Milliuses’ suit with prejudice in September 2023.  The Milliuses appeal, arguing that the district court abused its discretion in dismissing their claims because their failure to comply with the rules of civil procedure and the court’s discovery orders was not willful or in bad faith.  They also argue that providing ARC’s counsel with a patient waiver satisfying Iowa Code section 622.10(3) (2022) obviated the need to respond to ARC’s requests for production of Logan’s medical information.  OPINION HOLDS: Finding that the Milliuses failed to preserve error on the patient-waiver issue and no abuse of discretion in the district court’s dismissal of the Milliuses’ claims as a sanction for their repeated violations of the court’s orders and discovery rules, we affirm.
 

            Appeal from the Iowa District Court for Lee (North) County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Bower, S.J.  Opinion by Schumacher, P.J.  (2 pages)

            Larry Bell Sr. appeals from the district court’s dismissal of his claims of “destruction of personal property.”  OPINION HOLDS: Upon our review, we affirm without opinion pursuant to Iowa Rule of Appellate Procedure 6.1203.  

            Appeal from the Iowa District Court for Dallas County, Virginia Cobb, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. (8 pages)

            A defendant appeals a discretionary sentence imposed following guilty pleas to theft in two case numbers.  The defendant argues the district court abused its discretion when imposing a prison sentence by relying on what he claims were impermissible factors—his substance‑abuse history and failure to rehabilitate.  OPINION HOLDS: Finding these considerations required by law and supported by the record before the sentencing court, we discern no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

                Joseli Alves‑Dunkerson and Relationship, Intimacy & Sexual Health, Inc. (RIS) appeal the district court’s judgment against them in a breach‑of‑contract action.  OPINION HOLDS: Because the court did not err in finding that Alves‑Dunkerson and RIS breached the contract, we affirm.

    Appeal from the Iowa District Court for Polk County, Patrick D. Smith, Judge.  AFFIRMED.  Heard by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (11 pages)

    Michelle Tuttle, a workers’ compensation claimant, appeals the district court’s dismissal of her judicial review action asserting the deputy workers’ compensation commissioner lacks the authority to enter sanctions following her serving a subpoena on an agency witness.  After an earlier remand from our court, Tuttle recast and amended her petition for judicial review.  The district court found Tuttle has an adequate agency remedy in appealing the deputy’s decision to the commissioner that she has not yet exhausted.  Unhappy with the judicial review decision, she appeals, contending there is no adequate agency remedy to exhaust because the deputy and the commissioner lack “subject matter jurisdiction” to “adjudicate subpoenas.”  She also contends the proceedings before the commissioner violated her due process rights.  OPINION HOLDS: We find the district court correctly determined that Tuttle has an adequate agency remedy in asking the commissioner to determine whether the deputy had the statutory authority to impose the sanction that she has not yet exhausted.  Tuttle did not preserve the due process issue for review.  We affirm the district court’s decision.
 

            Appeal from the Iowa District Court for Linn County, Elizabeth Dupuich, Judge.  AFFIRMED.  Considered by Greer, P.J., Langholz, J., and Telleen, S.J.  Opinion by Telleen, S.J.  (7 pages)

            A defendant convicted for failing to appear for sentencing in a separate criminal matter appeals the district court’s denial of his motion for new trial.  OPINION HOLDS: Reviewing for abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Polk County, Paul Scott, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Sandy, J.  (9 pages)

            A father appeals the district court’s final judgment establishing custody, visitation, and child support.  He argues the district court erred in (1) finding joint physical care was not in the best interests of the children and awarding primary physical care with the mother, and (2) calculating child support and past child support.  OPINION HOLDS: We affirm the district court’s physical care determination and the father’s child support obligation but modify the father’s back child support obligation.  

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Langholz, J.  (3 pages)

            Edward Campbell appeals the dismissal of his application for postconviction relief.  OPINION HOLDS: Because Campbell’s application was filed well beyond the three-year limitation period and he has not shown an exception applies, we affirm the dismissal of his application as time-barred.

Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J. (5 pages)

James Morgan Jr. appeals his sentence for two burglary convictions, arguing that the prosecutor breached the plea agreement.  OPINION HOLDS: Because the prosecutor appearing at Morgan’s sentencing violated the plea agreement by making no recommendation for concurrent sentences, we vacate the consecutive ten-year terms and remand for resentencing.