2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Appanoose County, Rose Anne Mefford, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J. (6 pages)

            Morgan Varner appeals her conviction and sentence for assault causing bodily injury.  She argues that the State failed to prove her use of force was not justified and that the district court abused its sentencing discretion.  OPINION HOLDS: Substantial evidence supports the jury verdict.  And the district court did not abuse its discretion by considering an improper factor or following a fixed sentencing policy.  We thus affirm Varner’s conviction and sentence.

            Appeal from the Iowa District Court for Jasper County, Stacy Ritchie, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (10 pages)

            A mother appeals the district court’s order removing her as co-guardian to her adult son with disabilities.  OPINION HOLDS: Finding no abuse of discretion, we affirm.

            Appeal from the Iowa District Court for Henry County, Clinton R. Boddicker, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (8 pages)

            Rubey Lawn Care, LLC appeals the judgment awarding damages to Access Energy Cooperative and Lomont Molding, LLC for damages its alleged negligence caused to an electrical transformer.  OPINION HOLDS: Because a reasonable person could find it more likely than not that Rubey Lawn Care damaged the transformer, we affirm the judgment.

    Appeal from the Iowa District Court for Des Moines County, Wyatt Peterson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR NEW TRIAL.  Heard at oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (16 pages)

    Jonathan Critser appeals the grant of judgment notwithstanding the verdict (JNOV) on his claim of wrongful termination in violation of public policy when he applied for unemployment benefits after calling in sick.  He also challenges the jury instructions.  OPINION HOLDS: We find the verdict was not supported by substantial evidence that Critser engaged in protected conduct, according to the definition of protected conduct given to the jury.  So we affirm the JNOV.  But we find the definition given to the jury was erroneous and reverse the district court’s ruling on the jury instructions.  We remand for a new trial using a corrected definition of protected conduct.
 

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Greer, P.J.  (10 pages)

            Evan Shelton appeals, arguing the State breached his plea agreement by attempting to discuss alternative plea negotiations during sentencing.  OPINION HOLDS: Because the terms of the plea agreement did not mandate the State recommend a sentence, we find the State abided by the spirit of the plea agreement.  We affirm the sentence as imposed. 

            Appeal from the Iowa District Court for Muscatine County, Joel W. Barrows, Judge. APPEAL DISMISSED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (4 pages)

            David Wetzel appeals his conviction for reckless use of fire or explosives, challenging the voluntariness of his guilty plea.  OPINION HOLDS: Because Wetzel failed to establish good cause, we dismiss his appeal.   

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  REVERSED AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL.  Considered without oral argument by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Greer, P.J.  (10 pages)

            The Coateses and the Brehms entered into an arrangement for the sale of a parcel of land.  The Coateses submitted a written offer to purchase for $1,500,000.  But, the Brehms argue an escalation clause in the addendum to the purchase contract applied, setting the purchase price at $1,700,000.  OPINION HOLDS: We reverse the summary judgment ruling in favor of the Coateses; the district court should have found the parties agreed to a purchase price of $1,700,000.  We affirm the district court’s denial of the Coateses’ request for attorney fees. 

            Appeal from the Iowa District Court for Lee (North) County, Ty Rogers, Judge.  AFFIRMED.  Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A juvenile appeals his delinquency adjudication, claiming there is not sufficient evidence to identify him as the perpetrator who slashed his classmate’s tires.  OPINION HOLDS: The State provided sufficient evidence establishing the juvenile was the perpetrator.

            Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Langholz, J.  (12 pages)

            Britta Wood appeals the decree dissolving her marriage with Nick Wood, arguing that the district court should have placed their son in her physical care rather than in Nick’s physical care.  OPINION HOLDS: On our de novo review, giving the district court’s well-reasoned and factually supported decision due deference, we agree that placing the parties’ son in Nick’s physical care is in the best interest of the son.  While we have considered the entire record and all the required factors in weighing this choice, like the district court, we find that most factors leave the parents at a relative draw except for one.  We agree with the court’s critical assessment that their son’s interest in having a relationship with both parents will be best served in Nick’s physical care, especially given Britta’s conduct showing an effort to alienate their son from Nick and his family while the dissolution was pending.  We thus affirm the decree.  And given the parties’ abilities to pay and the merits of the appeal, we grant Nick’s request for appellate attorney fees and remand for determination of a reasonable amount.

            Appeal from the Iowa District Court for Pottawattamie County, Jennifer Benson Bahr, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J. (14 pages)

            Traavon Thomas appeals his sentence following his guilty plea for first-degree robbery.  On appeal, Thomas claims the district court abused its discretion in imposing a seventeen-and-a-half-year mandatory minimum sentence.  Thomas argues the district court imposed a harsher sentence than was necessary to ensure his rehabilitation and protection of the public.  He also asserts the district court did not give proper consideration to numerous mitigating factors which weighed in favor of a reduced mandatory minimum sentence.  OPINION HOLDS: Finding no abuse of discretion, we affirm Thomas’s sentence.

            Appeal from the Iowa District Court for Ida County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard at oral argument by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (18 pages)

            Barbara Radke, the executor for the estate of Delores I. Todd, appeals a jury verdict finding Delores lacked testamentary capacity when she executed her 2010 will and that the will was the result of undue influence.  OPINION HOLDS: Finding sufficient evidence was presented to submit the question of undue influence to the jury, the court did not err in admission of evidence or issuing jury instructions, and other claims are not preserved, we affirm.

    Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (8 pages)

    A Florida resident appeals the denial of her motion to vacate a default judgment on a financing agreement, arguing that she was not properly served and the forum-selection clause in the agreement was a contract of adhesion.  OPINION HOLDS: Because service was proper under Iowa Code section 617.3, and the court had personal jurisdiction over the defendant under the financing agreement, we affirm.