2025 Archive | Court of Appeals Court Opinions

    Appeal from the Iowa District Court for Polk County, David Nelmark, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Chicchelly and Sandy, JJ.  Opinion by Tabor, C.J.  (2 pages)

    John Berman appeals an order dismissing his lawsuit against Minnesota Lawyers Mutual Insurance Company alleging civil extortion.  OPINION HOLDS: We affirm the dismissal without opinion.  Iowa R. App. P. 6.1203 (a), (d).
 

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Badding, J.  (5 pages)

            Stephanie Young appeals the district court’s entry of summary judgment on her legal malpractice claim for failure to designate a qualified standard-of-care expert.  OPINION HOLDS: Because Young failed to designate a qualified expert, and the district court did not abuse its discretion in denying her post-judgment request for an extension, summary judgment was proper.

            Appeal from the Iowa District Court for Monona County, Zachary Hindman, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (8 pages)

            Corey Johnson challenges the dissolution decree placing his children in the physical care of their mother, Celina Johnson.  He advocates joint physical care of the children.  Corey also disputes the child and spousal support awards, claiming the court erred in not imputing income to Celina despite a longstanding agreement that she would homeschool the children until they reach the eighth grade.  OPINION HOLDS: We affirm the district court’s decision to grant Celina physical care of the children, as well as its refusal to impute income to her in their child-support and spousal-support determinations.

    Appeal from the Iowa District Court for Warren County, Kevin Parker, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Tabor, C.J.  (2 pages)

    Christopher Mosset appeals his conviction for driving while barred and contends the district court abused its discretion at sentencing.  OPINION HOLDS: Substantial evidence supports the conviction, and Mosset states no reason why the court abused its discretion.  We affirm by memorandum opinion.  See Iowa R. App. P. 21.26(1)(b), (e).
 

            Appeal from the Iowa District Court for Warren County, Michael K. Jacobsen, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (5 pages)

            A defendant appeals his criminal sentences, claiming the district court abused its discretion.  OPINION HOLDS: Nothing in the record suggests that Ewurs’s sentence was based on unreasonable or untenable grounds, so we affirm. 

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Heard by Greer, P.J., and Langholz and Sandy, JJ.  Opinion by Sandy, J.  Special concurrence by Greer, P.J.  (17 pages)

            Arbor Court Healthcare, LLC (Arbor Court) appeals the district court’s order affirming the final decision in its administrative appeal before the Iowa Department of Health and Human Services (HHS).  Arbor Court contends that the district court (1) committed legal error in finding H.F. 891 barred HHS from rebasing Arbor Court’s Medicaid compensation rates based on a short period cost report, and alternatively, (2) H.F. 891’s prohibition on Arbor Court’s requested rebasing was unconstitutional as applied to Arbor Court.  OPINION HOLDS: We affirm the district court’s order, finding the district court committed no errors of law and Arbor Court held no property right in the short report process.  SPECIAL CONCURRENCE ASSERTS: Unlike the majority, I would find Arbor Court preserved error on the issue of the application of H.F. 891 and consider the argument on the merits.  But doing so would not lead me to a different result, as the application of HHS’s informal process as to Arbor Court could not be considered unreasonable, arbitrary, capricious, or an abuse of discretion. 

            Appeal from the Iowa District Court for Polk County, Becky Goettsch, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Schumacher, J.  (2 pages)

            Henry Drake Jr. appeals his sentence imposed following the revocation of his deferred judgment.  OPINION HOLDS: Upon our review, we affirm without further opinion.  Iowa R. App. P. 6.1203.

    Appeal from the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  WRIT ANNULLED.  Heard by Tabor, C.J., and Schumacher and Chicchelly, JJ.  Opinion by Tabor, C.J.  (10 pages)

    Dog owners appeal a decision by the City of Cedar Falls to “humanely destroy” their American bulldog, Reese.  Their dog, according to the city council’s administration committee, poses an “unreasonable risk of harm” to the public.  The Westerns contend the record lacks substantial evidence to support that conclusion.  OPINION HOLDS: After four previous biting incidents, the city slated Reese for destruction, but the police chief gave his owners a second chance.  Unfortunately, their lack of supervision led Reese to bite a fifth individual—a teen riding by on a bicycle.  We conclude substantial evidence supports the city’s determination that the dog poses an unreasonable risk of harm to public safety, so we annul the writ.
 

            Appeal from the Iowa District Court for Des Moines County, Shane M. Wiley, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Schumacher, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (9 pages)

            The respondent appeals a district court order that found she is seriously mentally impaired and involuntarily committed her for treatment.  OPINION HOLDS: Because the State did not prove by clear and convincing evidence that the respondent is a danger to herself or others, we reverse and remand with directions to terminate the respondent’s commitment. 

            Appeal from the Iowa District Court for Story County, Ashley Sparks, Judge.  AFFIRMED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (8 pages)

            A father appeals the district court’s order modifying parenting time in the divorce decree between him and his former wife, arguing the modification is not in the children’s best interests.  OPINION HOLDS: Finding the modification is in the children’s best interests, we affirm. 

            Appeal from the Iowa District Court for Warren County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A criminal defendant appeals his discretionary sentence after the revocation of his deferred judgment following a guilty plea.  OPINION HOLDS: The district court did not abuse its discretion in revoking the deferred judgment or imposing sentence.  We affirm.

            Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Greer, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: Finding the mother’s arguments generally thwarted by the existence of a five-year no contact order, we affirm the termination of her parental rights.  Because neither child can safely return to the father’s care and additional time was not warranted, we affirm termination of the father’s parental rights.