2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Winneshiek County, Laura J. Parrish, Judge.  WRIT SUSTAINED IN PART, WRIT ANNULLED IN PART, AND CASE REMANDED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Roger Lundtvedt contests the legality of the district court’s orders issued in a contempt action.  OPINION HOLDS: Because the district court exceeded the law by requiring Lundtvedt to pay attorney fees to purge his contempt, we sustain the writ of certiorari as to that part of the contempt order but annul the writ in all other particulars.  We remand to the district court for entry of an order consistent with this decision.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  Dissent by Buller, J.  (19 pages)

            Dawn Cook appeals from a ruling that granted Scott Flieder’s petition to modify the parties’ dissolution decree to grant him physical care of the parties’ two children.  After moving out of state in 2018 and leaving the children in her mother’s care since then, Dawn claims that her “heavy reliance upon her mother to assist in raising the children does not make Scott a superior parent,” considering Scott’s failure to pay her any child support and his sporadic visitation with the children.  OPINION HOLDS: In this close case, we give careful consideration to the district court’s findings that Dawn previously denied Scott access to the children, Scott has recently become much more active in the children’s lives, and the children’s best interests are served by allowing them to remain in a familiar environment in their father’s care.  We affirm the district court’s decision granting Scott physical care.  DISSENT ASSERTS: Because the father is an unemployed convicted sex offender and admitted domestic abuser, has limited to no experience meaningfully parenting the children on his own, and has never paid a dime of child support, I dissent from the majority's finding that he is a superior caretaker compared to the mother, who prioritized her career to financially support the children.

            Appeal from the Iowa District Court for Cerro Gordo County, Blake H. Norman, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (7 pages)

            A party to a real estate agreement appeals a ruling finding the agreement was not unconscionable, declaring the other party is the legal owner, and issuing a writ of possession to the other party.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother appeals from a custody decree placing physical care of her two children with their father.  She argues the district court misweighed the relevant custodial factors and requests appellate attorney fees.  OPINION HOLDS: After considering the district court’s implicit and explicit credibility findings, we affirm.

            Appeal from the Iowa District Court for Scott County, Tom Reidel, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  S.J. Telleen takes no part.  Opinion by Badding, J.  (3 pages)

            Debra Miller appeals the sentence imposed following her pleas of guilty to theft and assault while displaying a dangerous weapon.  OPINION HOLDS: Finding no abuse of the court’s discretion in imposing a prison sentence, we affirm. 

            Appeal from the Iowa District Court for Wright County, Hans Becker, Judge.  APPEAL DISMISSED.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (3 pages)

            A petitioner, M.Z., appeals the juvenile court’s dismissal of her petition to establish an involuntary guardianship over two minor children.  M.Z. argues the juvenile court’s dismissal was predicated on an incorrect interpretation of Iowa Code section 232D.301(1) (2024).  OPINION HOLDS: Because M.Z. failed to serve the minors and minors’ known parents pursuant to Iowa Code Section 232D.302 and Iowa Rule of Appellate Procedure 6.702, our court lacks jurisdiction, and we accordingly dismiss this appeal.

            Appeal from the Iowa District Court for Black Hawk County, Joel A. Dalrymple, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  (22 pages)

            Nicole Shimp f/k/a Happel appeals the district court order modifying the visitation provisions of she and Brian Happel’s dissolution decree.  Nicole claims the district court erred by not granting her request for primary physical care of her and Brian’s three sons.  Alternatively, she argues the district court erred by altering the summer visitation schedule to eliminate her Wednesday overnight visitation with the children. Brian cross-appeals, claiming the district court erred by (1) denying his request for a week-on/week-off summer visitation schedule; (2) awarding Nicole $20,000 in trial attorney fees; and (3) incorrectly determining his gross income for child support purposes.  OPINION HOLDS: Upon our de novo review of the record, we affirm on appeal and cross-appeal.

            Appeal from the Iowa District Court for Van Buren County, John M. Wright, Judge.  APPEAL DISMISSED.  Considered without oral argument by Langholz, P.J., Sandy, J., and Doyle, S.J.  Opinion by Sandy, J.  (7 pages)

Travis Gonterman appeals his sentence following his guilty plea for driving while barred as a habitual offender.  On appeal, Gonterman contends the district court abused its discretion in sentencing him by not providing any reasons on the record for his sentence.  OPINION HOLDS: Because Gonterman has failed to establish good cause, we lack jurisdiction to entertain his appeal.  Consequently, we dismiss this appeal.         

            Appeal from the Iowa District Court for Des Moines County, Joshua P. Schier, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (4 pages)

            T.C. appeals the district court’s order continuing his residential treatment.  OPINION HOLDS: Because there is substantial evidence supporting the court’s findings, we affirm.

            Appeal from the Iowa District Court for Boone County, John R. Flynn, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (6 pages)

            Ruslan Negruta appeals his conviction and sentence for ongoing criminal conduct.  He argues that his guilty plea was not knowing and voluntary and that the district court abused its discretion in sentencing him to prison rather than probation.  OPINION HOLDS: Because Negruta did not file a motion in arrest of judgment after being properly advised of the need to do so to challenge his guilty plea on appeal, we cannot consider the challenge to his plea.  And seeing no abuse of discretion, we affirm the district court’s sentencing decision.

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, Judge.  AFFIRMED ON BOTH APPEALS.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Schumacher, P.J.  (16 pages)

            Parents separately appeal the termination of their parental rights to their child.  Both challenge the sufficiency of the evidence supporting the grounds for termination and claim the State failed to prove the Iowa Department of Health and Human Services made active efforts to reunify them with their child.  The mother also claims termination is not in the child’s best interests due to the closeness of the parent-child relationship.  And the father claims the court should have placed the child in a guardianship with a maternal aunt in lieu of terminating parental rights.  OPINION HOLDS: Upon our review, we affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: In light of the mother’s ongoing substance use and her continued contact with the child’s abusive father, we affirm termination of the mother’s parental rights and find her requested alternatives to termination are not warranted.