2025 Archive | Court of Appeals Court Opinions

            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. 

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

            A defendant appeals following his guilty plea to driving while barred as a habitual offender.  OPINION HOLDS: The claim of ineffective-assistance-of-counsel cannot be raised on direct appeal. And finding no abuse of discretion by the district court, we affirm the imposed sentence.

            Appeal from the Iowa District Court for Mitchell County, Elizabeth Batey, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (12 pages)

            A father appeals the juvenile court order terminating his parental rights to his two minor children.  The father challenges the statutory grounds for termination and argues termination is not in the children’s best interests.  OPINION HOLDS: Upon our de novo review of the record, we affirm. 

            Appeal from the Iowa District Court for Polk County, Susan Cox, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Tabor, C.J.  (7 pages)

            A father appeals the dispositional order in this child-in-need-of-assistance (CINA) proceeding involving his two-year-old son.  OPINION HOLDS: Finding no reversible error, we affirm.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED ON BOTH APPEALS. Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and a father separately appeal the termination of their parental rights to a child born in August 2023.  OPINION HOLDS: After a de novo review of the record, we affirm the order terminating each of their parental rights.

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

            A father appeals the juvenile court’s bridge order transferring jurisdiction over the custody, physical care, and visitation of his child to the district court.  OPINION HOLDS: The father’s position is not adequately formulated to facilitate our review.  We thus affirm the juvenile court’s bridge order.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  Special Concurrence by Greer, P.J.  (7 pages)

            A mother appeals the termination of her parental rights to her children under Iowa Code section 232.116(1)(e) and (f) (2025).  OPINION HOLDS: Because the mother failed to contest termination under Iowa Code section 232.116(1)(e), we affirm on the unchallenged ground.  We also find that termination is in the children’s best interests and decline to apply the permissive exception under section 232.116(3)(b).  SPECIAL CONCURRENCE ASSERTS: I join the well-written majority; I write separately to express the frustration both the juvenile court and the participants, including the Iowa Department of Health and Human Services, must feel.  In this case, the children were placed three hours or five hours from the mother while the proceedings were pending and best efforts to reunite the family were being made.  It seems to me that the drought of placement options for children works against the reasonable-efforts obligation our legislature requires in trying to reunite endangered families. 

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

            A father appeals the juvenile court order terminating his parental rights to his son, born in 2023.  He challenges the statutory grounds for termination and contends that the juvenile court should have returned the child to his custody or granted his request for a six-month extension to achieve reunification.  Alternatively, he claims that it would be in the child’s best interests to establish a guardianship rather than terminating parental rights.  OPINION HOLDS: After carefully considering the record, we affirm the termination order.