July 2024 Archive | Most Recent Court of Appeals Summaries

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (13 pages)

            A criminal defendant appeals his convictions for three counts each of first-degree murder and first-degree robbery, challenging the district court’s denial of a motion to strike a potential juror for cause during voir dire and admission of certain autopsy photos at trial.  OPINION HOLDS:  Finding he has not proven an abuse of discretion warranting reversal on either issue, we affirm.

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (31 pages)

            A criminal defendant appeals his convictions for three counts of second-degree murder and three counts of first-degree robbery, alleging multiple errors across his three-week trial.  OPINION HOLDS: We affirm, finding the preserved errors do not warrant reversal. 

            Appeal from the Iowa District Court for Polk County, Erica Crisp and Becky Goettsch, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Badding, J., and Danilson, S.J.  Opinion by Danilson, S.J.  (9 pages)

            A jury found Damen Walton guilty of operating while intoxicated.  On appeal from that conviction, Walton challenges the district court’s denial of his motion to suppress and contends his motion for new trial should have been granted because the jury’s verdict is contrary to the weight of the evidence.  OPINION HOLDS: Because there was probable cause to support the stop of Walton’s vehicle and the district court did not abuse its discretion in denying the motion for new trial, we affirm. 

            Appeal from the Iowa District Court for Clinton County, Stuart P. Werling, Judge.  WRIT ANULLED IN PART, GRANTED IN PART, AND REMANDED WITH DIRECTIONS; MODIFICATION AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J. (11 pages)

            Briana Hesse challenges the district court order finding her in contempt, the sentence imposed, and the modification of visitation.  OPINION HOLDS: As to the finding of contempt, because the district court did not clearly apply the beyond-a-reasonable-doubt burden of proof, we grant the writ in part and remand with directions to apply that burden.  We likewise annul the writ in part as to the sentence imposed but direct the district court to clarify the basis for each sentence.  As to the modification of visitation, because we find the breakdown in communication and ability to coordinate visitation constitutes a material change in circumstances, we affirm the modification.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Langholz, P.J., and Bower and Carr, S.JJ., Opinion by Langholz, P.J.  (11 pages)

            Todd Landen appeals the spousal- and child-support awards of the decree dissolving his marriage with Aprel Landen, arguing that the district court’s inclusion of his veterans’ disability benefits in calculating his income violates federal law.  He also challenges the inclusion of the marital home in the property division because its value includes improvements paid for by the Department of Veterans Affairs to accommodate his disability.  Aprel cross-appeals the spousal-support award arguing the court should have extended the ten-year award to continue until the death of either party or her remarriage.  OPINION HOLDS: Federal law does not prohibit including veterans’ disability benefits in the calculation of a party’s income when deciding spousal- or child-support awards.  Todd did not preserve error on his challenge to the property division. And the spousal-support award to Aprel for ten years does not fail to do equity.

            Appeal from the Iowa District Court for Scott County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Vogel, S.J.  Opinion Per Curiam.  (4 pages)

            A protected party under a domestic violence protective order appeals the dismissal of his contempt application.  OPINION HOLDS: We affirm the dismissal of the contempt application.

            Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  Dissent by Langholz, J. (18 pages)

            Shenandoah Medical Center (SMC) appeals the district court’s denial of its motion for summary judgment for failure to timely file an expert-witness designation.  OPINION HOLDS: Upon review, we affirm. DISSENT ASSERTS: I would follow Stanton v. Knoxville Community Hospital, Inc., No. 19-1277, 2020 WL 4498884 (Iowa Ct. App. Aug. 5, 2020), and hold that the district court abused its discretion in concluding that the Wilsons had good cause for their failure to timely file their expert certifications under Iowa Code section 668.11 because they have not shown a valid reason for their failure and the district court erroneously relied on defense counsel’s actions.  The court thus erred in denying SMC summary judgment on that ground.  And we should remand for the district court to consider whether the Wilsons’ claims fail as a matter of law without expert testimony as SMC argued in its summary-judgment motion.

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  APPEAL DISMISSED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (3 pages)

            After pleading guilty to possession of a controlled substance with intent to deliver (lorazepam), an aggravated misdemeanor, and failure to possess a tax stamp, a class “D” felony, Donta Hale maintains the district court should have allowed him to withdraw his guilty pleas.  OPINION HOLDS: Hale has not established good cause to invoke this court’s jurisdiction.  We dismiss his appeal.

            Appeal from the Iowa District Court for Polk County, Heather Lauber (guilty plea) and William P. Kelly (sentencing), Judges.  AFFIRMED.  Considered by Ahlers, P.J., Buller, J., and Carr, S.J.  Opinion by Carr, S.J.  (6 pages)

            Spencer Smith pleaded guilty to homicide by vehicle by operating a motor vehicle while under the influence and serious injury by vehicle by operating a motor vehicle while under the influence.  He was sentenced to serve his two sentences consecutively.  Smith now appeals, contending he was coerced into pleading and the district court considered an impermissible factor during his sentencing.  OPINON HOLDS: We do not have authority to consider Smith’s claim his plea was involuntary and the district court committed no error in sentencing.  We affirm.

            Appeal from the Iowa District Court for Scott County, Patrick McElyea, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J.  (8 pages)

            Williams appeals the grant of summary disposition and dismissal of his most recent postconviction relief application (PCR).  He contends that the jury that was discharged due to a mistrial was the same jury at the second trial that returned his guilty verdict.  He also contends that the judge from the mistrial should not have been the judge at the second trial.  He claims his trial counsel was ineffective for failing to object to those events.  Finally, he argues that the PCR court erred when it failed to comply with the procedures in Iowa Code section 822.6 (2021).  OPINION HOLDS: Upon our review, we find Williams’ arguments not supported by the record and affirm.

Appeal from the Iowa District Court for Keokuk County, Crystal S. Cronk, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (24 pages)

            An employee appeals the district court’s grant of summary judgment in an age- and disability-discrimination, retaliation, and hostile-work-environment case.  OPINION HOLDS: Because we find fact questions remain on the discrimination claims, we reverse the district court’s grant of summary judgment as to those issues and affirm on all other claims.

            Appeal from the Iowa District Court for Woodbury County, James N. Daane, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (8 pages)

            Tre Worden appeals, challenging the denial of his motion to suppress by asserting an unlawful seizure and the sufficiency of the evidence for his conviction for interference with official acts resulting in bodily injury.  OPINION HOLDS: Finding he was lawfully seized and the evidence was sufficient to support his conviction, we affirm. 

            Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (3 pages)

            Timothy Spencer attempts to appeal his convictions for robbery in the second degree and theft in the first degree from an older individual.  OPINION HOLDS: Because Spencer does not have good cause to appeal, we dismiss the appeal.

            Appeal from the Iowa District Court for Worth County, Rustin Davenport, Judge.  AFFIRMED.  Considered by Greer, P.J., Chicchelly, J., and Blane, S.J.  Opinion by Blane, S.J. (14 pages)

            Trapp Trotter appeals the district court ruling rejecting his fair-cross-section challenge to the jury that convicted him of attempted murder and criminal trespass.  He contends the district court erred in finding he failed to satisfy his burden to prove there was systematic exclusion of a distinctive group from the jury pool.  OPINION HOLDS: On our review, we find Trotter failed to produce evidence of systematic exclusion.  So we affirm.

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

            A defendant challenges his sentence for willful injury causing bodily injury, arguing the court abused its discretion in ignoring his mental health and substance use.  OPINION HOLDS: Because the court considered all the pertinent information and sentencing factors, we observe no abuse of discretion and affirm. 

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J. (13 pages)

            Osborn Gavel challenges his conviction for first-degree murder.  OPINION HOLDS: Because the State presented substantial evidence that Gavel acted willfully, deliberately, premeditatedly and with a specific intent to kill the victim when he struck him four times with a crowbar and the district court did not err in interpreting our rules of criminal procedure to not require ordering deposition of an rebuttal expert witness nor abuse its discretion in denying Gavel’s motion to compel, we affirm Gavel’s conviction.

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Deronta Jamison Jr. appeals his sentence following his guilty plea to second-degree robbery.  OPINION HOLDS: We conclude Jamison was not entitled to an individualized hearing to consider the factors associated with juvenile offenders because no minimum sentence was imposed.  The court did not abuse its discretion in sentencing him to a term of imprisonment.  We affirm Jamison’s sentence.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Schumacher, P.J.  (9 pages)

            A party challenges the district court’s determination that both a petition in probate and a claim in probate could not proceed and that the party failed to meet the burden necessary for promissory estoppel.  The party also challenges the district court’s denial of the request to dismiss a claim about a right of first refusal and the court’s determination that the petition in probate failed to correctly name the defendants.  OPINION HOLDS: We determine the claim in probate and petition in probate are mutually exclusive under Iowa Code section 633.415(2) (2022) and there was a failure to present strict proof of promissory estoppel.  Given this determination, we do not address the other issues on appeal.  Accordingly, we affirm.

            Appeal from the Iowa District Court for Linn County, Angie Johnston, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (13 pages)

            Paternal grandparents and the children for whom they were appointed guardians appeal the termination of the voluntary guardianship after the mother withdrew her consent.  OPINION HOLDS: On our de novo review, giving weight to the court’s thoughtful and well-supported factual findings, we agree that the guardians and children failed to meet their burden to prove by clear and convincing evidence that terminating the guardianship would cause the children physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard.

            Appeal from the Iowa District Court for Dubuque County, Mark T. Hostager and Robert J. Richter, Judges.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (8 pages)

            Paul Kramer challenges his conviction and sentence for driving while barred.  Kramer maintains (1) the district court should have sua sponte ordered a competency hearing; (2) the district court should not have allowed him to represent himself in the criminal proceedings; and (3) he should be resentenced because the district court relied on counterfactual reasons, like a guilty plea and the plea agreement, when giving the basis for the sentence imposed.  OPINION HOLDS: Because we find no legal error in allowing the trial to proceed without having a competency hearing or requiring a competency evaluation, nothing Kramer points to on appeal convinces us his waiver of his right to counsel was not knowing and voluntary, and there were no mistakes or issues with the sentencing hearing and the oral pronouncement of sentence, we affirm.  However, we remand for entry of a nunc pro tunc order to correct the clerical mistakes in the written sentencing order.  

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RECALCULATION OF CHILD SUPPORT.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (6 pages)

            A mother appeals the district court’s order modifying the father’s child support obligation, arguing the court ignored pertinent facts and that the court should have made the support obligation retroactive.  OPINION HOLDS: Because the district court failed to properly account for various deductions in its child support calculation, we reverse and remand for recalculation of child support.  But we affirm that part of the court’s ruling, establishing a start date for the modified child support payments.

            Appeal from the Iowa District Court for Buchanan County, John J. Sullivan, Judge.  AFFIRMED.  Heard by Greer, P.J., and Ahlers, Badding, Chicchelly, and Langholz, JJ.  Opinion by Badding, J.  (13 pages)

            Dana Vietor, a former registered representative with the Financial Industry Regulatory Authority, appeals the denial of his motion to vacate an arbitration award against him for just over $5.7 million on claims brought by ex-clients.  On appeal, Vietor claims the award should have been vacated under the Federal Arbitration Act (FAA) because (1) the arbitration panel refused to postpone the final hearing after Vietor’s lead trial counsel withdrew; (2) one of the arbitrators failed to disclose a conflict of interest; and (3) the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims were in manifest disregard of the law.  The claimants request an award of appellate attorney fees as a sanction pursuant to Iowa Rule of Civil Procedure 1.413(1).  OPINION HOLDS: We affirm the district court’s denial of Vietor’s motion to vacate the arbitration award, finding that (1) Vietor’s arguments on the panel’s decision on attorney fees, breach of contract, and the arbitration eligibility of several claims do not assert any grounds under section 10 of the FAA for vacatur; (2) the panel was not guilty of misconduct by declining to postpone the final hearing further; and (3) Vietor did not meet his heavy burden to show a conflict of interest concerning one of the arbitrators.  Lastly, we deny the claimants’ request for appellate attorney fees as a sanction against Vietor. 

            Appeal from the Iowa District Court for Mills County, Michael Hooper, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (6 pages)

            Zachary Liddick appeals the denial of his application for postconviction relief (PCR), which claimed he received ineffective assistance from his trial counsel and counsel in his first PCR action.  OPINION HOLDS: Because Liddick failed to establish the ineffective assistance of either his trial or PCR counsel, we affirm the denial of his PCR application.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (10 pages)

            A father appeals the private termination of his parental rights over his two daughters under Iowa Code chapter 600A (2023).  OPINION HOLDS: Clear and convincing evidence shows that the father abandoned his two daughters and termination of his parental rights is in their best interests.  And he waived and failed to preserve his claim that he is entitled to a jury trial.  We thus affirm the termination of his parental rights.

            Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Carr, S.J.  Opinion by Badding, P.J.  (5 pages)

            Defendants appeal an adverse district court order quieting title to real property.  OPINION HOLDS: We affirm the district court’s decision and deny the plaintiff’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Mark R. Lawson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            John Mark Blair II appeals his sentence, arguing the district court abused its discretion by applying a fixed sentencing policy based on the nature of the offenses.  OPINION HOLDS: We do not find the district court employed a fixed sentencing policy in choosing imprisonment over probation; the court appropriately used its discretion in tailoring the concurrent ten-year sentences to Blair’s individual circumstance.  We affirm.

            Appeal from the Iowa District Court for Poweshiek County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (11 pages)

            A mother appeals a district court order establishing a guardianship for her minor child.  OPINION HOLDS: Because there is clear and convincing evidence that the mother was not willing or able to exercise the powers the district court granted to the guardians and the guardianship is in the child’s best interest, we affirm upon our de novo review of the record.

            Appeal from the Iowa District Court for Taylor County, Thomas P. Murphy, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Blane, S.J.  Opinion by Langholz, J.  (12 pages)

            Natalie Churchill appeals the district court’s order interpreting her grandfather’s trust and denying her request to remove the trustee—her aunt, Nancy Churchill.  OPINION HOLDS: The district court correctly interpreted the unambiguous terms of trust— Natalie has no interest in the trust income or property until “both” of Churchill’s daughters “are deceased.”  The court did not abuse its discretion in refusing to remove Nancy as trustee.  And we cannot consider Natalie’s attorney-fees arguments because the district court has not made a final attorney-fee award to Nancy and Natalie never requested fees.  We also decline to award Natalie appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            An applicant appeals the district court’s denial of his application for postconviction relief.  OPINION HOLDS: Because the applicant failed to show that trial counsel breached an essential duty, we affirm.

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (8 pages)

            Larry Murphy appeals the summary dismissal of his second application for postconviction relief (PCR).  OPINION HOLDS: Because Murphy’s PCR application was filed more than three years after his conviction was final and he asserted no ground of fact material to his substantive claim that could not have been presented within the three-year time frame, see Iowa Code § 822.3 (2023), we affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Demetrius Wilson appeals his conviction for possession of a controlled substance with intent to deliver (marijuana) within one thousand feet of certain real property.  OPINION HOLDS:  Because Wilson did not file a motion in arrest of judgment following his guilty plea, and he clearly waived his right to have a hearing in open court for his guilty plea, he does not have good cause to appeal this non-class-“A”-felony conviction.  Without good cause, we have no jurisdiction, and we dismiss the appeal.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (9 pages)

            Kristopher Keppy appeals the district court’s denial of his application to modify the physical-care and child-support provisions of a custody-and-support order under Iowa Code chapter 600B (2022) and its refusal to hold the children’s mother, Jennifer West, in contempt for alleged violations of that order.  OPINION HOLDS: Keppy has not preserved error on his challenges to the district court’s refusal to hold West in contempt or its denial of his request to modify the physical-care placement of the children because—as he concedes—the district court did not rule on the errors he now raises and he did not ask the court to expand its ruling to address them under Iowa Rule of Civil Procedure 1.904.  We defer to the court’s finding that his reduction in income is self-inflicted and cannot support modification of his child-support obligation.  And we award West some of her appellate attorney fees.

            Appeal from the Iowa District Court for Muscatine County, Thomas Reidel, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (5 pages)

            Donroy Merrival Jr. appeals his sentences following his guilty pleas.  Merrival argues the district court abused its discretion when sentencing him to incarceration instead of probation because the court used boilerplate language and only considered the nature of the offense.  OPINION HOLDS: The district court did not abuse its discretion and we affirm the sentences imposed by the district court.

            Appeal from the Iowa District Court for Woodbury County, Jessica Noll, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (12 pages)

            R.K. appeals two involuntary‑commitment orders under Iowa Code chapters 125 and 229 (2023), challenging sufficiency of the evidence.  She also contends that she received ineffective assistance.  OPINION HOLDS: Because sufficient evidence supports the finding and R.K. did not receive ineffective assistance, we affirm R.K.’s commitment under section 229.1(22).  But we reverse R.K.’s commitment under section 125.2(16) and remand for dismissal of that application.

            Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2023).  OPINION HOLDS: Because we conclude the mother proved the statutory ground of abandonment, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A patient appeals orders for civil commitment based on her mental health and substance-use disorder.  OPINION HOLDS: Because the patient’s failure to present a proper record on appeal precludes our review of the sufficiency of the evidence, and we find she is owed no relief on her ineffective-assistance-of-counsel claim, we affirm. 

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, Judge.  AFFIRMED.  Considered by Greer, P.J., and Ahlers and Badding, JJ.  Opinion by Ahlers, J.  (3 pages)

            A father appeals from a child-in-need-of-assistance proceeding.  OPINION HOLDS: The father presents no argument from which we may find reversible error.

            Appeal from the Iowa District Court for Pottawattamie County, Donna Bothwell, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (12 pages)

            The mother of three children and the father of the youngest appeal the termination of their parental rights, raising five claims: (1) The juvenile court abused its discretion by denying their motions to continue the termination hearings.  (2) The court erred in denying their request for a different judge.  (3) The State failed to prove a ground for termination.  (4) Termination was not in the children’s best interests.  (5) Exceptions preclude the need for termination.  OPINION HOLDS: Finding no merit in those five claims, we affirm the termination order.

            Appeal from the Iowa District Court for Marshall County, Paul J. Crawford, Judge.  AFFIRMED.  Considered by Chicchelly, P.J., Buller, J., and Blane, S.J.  Opinion by Blane, S.J.  (6 pages)

            A mother appeals the termination of her parental rights to her two-year-old child.  She contends the State failed to prove the statutory ground for termination and failed to make reasonable efforts in her case.  OPINION HOLDS: We find no merit in either claim, so we affirm.

            Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (7 pages)

            A mother appeals a juvenile dispositional order removing her children from her care.  OPINION HOLDS: Because her argument lacks citation to any supporting legal authority, we summarily affirm. 

            Appeal from the Iowa District Court for Webster County, Joseph L. Tofilon, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (11 pages)

            The parents of four children individually appeal the termination of their parental rights.  The father argues that the State failed to prove a ground for termination and that termination was not in the children’s best interests, and he asks for six additional months to work toward reunification.  The mother claims that the State hindered reunification and that without its recommendation, the court could not find the children could be returned.  OPINION HOLDS: We find the State proved grounds for termination by clear and convincing evidence and that it was in the children’s best interests for the court to terminate.  We also refuse the father’s request for six more months.  Lastly, we find the mother both failed to preserve and waived her argument on appeal.  Thus, we affirm on both appeals.   

            Appeal from the Iowa District Court for Polk County, Brent Pattison, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (10 pages)

            A mother and father separately appeal the termination of their parental rights to a child.  OPINION HOLDS: There is clear and convincing evidence showing the grounds for termination of the mother’s and father’s parental rights under Iowa Code section 232.116(1)(h) (2024), and there is no basis for granting the mother additional time.  Clear and convincing evidence shows termination is in the child’s best interests, and none of the exceptions to termination apply. 

            Appeal from the Iowa District Court for Story County, Hunter W. Thorpe, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            The father challenges the termination of his parental rights.  OPINION HOLDS: Because termination is in the child’s best interests due to the father’s inability to look after her safety and need for a permanent home, the strength of the bond between the father and the child does not overcome the detriment of declining termination, the need for removal—the father’s substance use and mental health challenges—will likely still exist in six months, and a guardianship is not in the child’s best interests, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Clarke County, Monty Franklin, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to her children, claiming the State failed to prove the grounds for termination relied on by the district court.  OPINION HOLDS: On our de novo review, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Chicchelly, JJ.  Opinion by Tabor, P.J.  (11 pages)

            A father, mother, and their teenaged son separately appeal a juvenile court order terminating parental rights.  OPINION HOLDS: After a careful review of the record, we reach the same conclusions as the district court and affirm its ruling.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  REVERSED AND REMANDED.  Considered by Badding, P.J., Buller, J., and Bower, S.J.*.  Opinion by Buller, J.  (5 pages)

            A civil defendant appeals the district court’s finding of a boundary by acquiescence and easement by prescription.  OPINION HOLDS: We reverse the district court’s findings and remand.

            Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (7 pages)

            DeVaris Perry appeals the denial of his application for postconviction relief.  OPINION HOLDS: Because Perry has not proved he received ineffective assistance from his trial counsel, we affirm the denial of his application.

            Appeal from the Iowa District Court for Webster County, Kurt J. Stoebe, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., Schumacher, J., and Vogel, S.J.  Buller, J., takes no part.  Opinion by Vogel, S.J.  (6 pages)

            A defendant seeks to vacate his guilty plea, alleging the district court erroneously denied his post-plea motion for adjudication of law points.  OPINION HOLDS: Because Clark failed to show good cause to pursue a direct appeal from his guilty plea, we dismiss this appeal for want of jurisdiction.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Tabor, P.J. (14 pages)

            A jury convicted Quarian Moore of first-degree murder and attempted murder for shooting two people at a Des Moines intersection in November 2021.  Moore was just shy of his eighteenth birthday at the time of the crime.  The district court imposed a mandatory minimum term of incarceration of twenty-five years.  Moore now argues the State failed to present sufficient evidence that he was the shooter and that the court improperly applied the juvenile sentencing factors.  OPINION HOLDS: Finding substantial evidence that Moore shot and killed Dean Deng and wounded B.C., and observing no abuse of discretion in Moore’s sentencing, we affirm. 

            Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (17 pages)

            Julie Schley appeals the district court’s entry of summary judgment dismissing her claims against Sioux County, Sioux County Deputy Sheriff Stan Oostra, Gary Schley, and the estates of Donald and Margery Schley.  She contends the district court erred in (1) granting the summary judgment motion filed by Sioux County and Deputy Oostra on her claim for false arrest; and (2) determining that her claims against the remaining defendants were barred by the “wrongful conduct” rule.  OPINION HOLDS: We affirm, finding (1) the undisputed facts establish that Deputy Oostra had probable cause under Iowa Code section 664A.6(1) (2017) to believe Julie violated a no-contact order; and (2) the district court correctly determined that Julie’s claims against the remaining defendants were barred by the “wrongful conduct” rule. 

            Appeal from the Iowa District Court for Dallas County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J. (21 pages)

            Nathen Cameron appeals his convictions and sentences for assault causing serious injury and domestic abuse assault causing bodily injury.  OPINION HOLDS: Because the district court did not abuse its discretion in allowing testimony on domestic abuse dynamics to assist the jury in understanding the first-degree-murder charge of which Cameron was eventually acquitted, the verdict for assault causing serious injury is supported by substantial evidence that Cameron either caused the victim to fall from the balcony—fracturing her skull and spine—or hit her, breaking her kneecap, and the district court did not abuse its discretion in considering that Cameron failed to accept responsibility for physically assaulting the victim.  Because the district court did not abuse its sentencing discretion, we affirm.

            Appeal from the Iowa District Court for Boone County, Stephen A. Owen, Judge.  REVERSED AND REMANDED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            On discretionary review, the State challenges the order suppressing evidence obtained following a traffic stop.  OPINION HOLDS: I. The district court erred by ignoring a published decision of this court holding that law enforcement may obtain a search warrant in lieu of invoking the statutory implied consent procedure to obtain a sample for chemical testing.  The district court’s ruling also conflicts with a recent Iowa Supreme Court decision holding that the Iowa Code authorizes search warrants for collection of bodily specimens and doing so does not violate due process and equal protection rights.  II. The officer was not required to inform the defendant of his Miranda rights before questioning him during a traffic stop because the defendant was not in custody.  We reverse the suppression ruling and remand for further proceedings. 

            Appeal from the Iowa District Court for Linn County, Nicholas Scott, Judge.  AFFIRMED.  Considered by Tabor, P.J., Badding, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (5 pages)

            A defendant appeals his sentence, alleging the district court failed to adequately state on the record the basis for the sentence imposed.  OPINION HOLDS: Under our supreme court precedent, succinct sentencing explanations satisfy Iowa Rule of Criminal Procedure 2.23(2)(g).  Because we find the sentencing court’s explanation sufficient under this permissive standard, we affirm.      

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Schumacher, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (8 pages)

            Elmer Scheckel appeals from the dismissal of his suit seeking to invalidate a tax deed of a property that he had owned.  He argues that the district judge should have recused himself and the court lacked jurisdiction.  The City of Oelwein seeks to dismiss the appeal because Scheckel did not petition for a writ of certiorari to challenge the recusal decision.  OPINION HOLDS: We have appellate jurisdiction over this appeal because Scheckel appealed from a final order or judgment.  Scheckel failed to preserve error on the recusal issue because he did not raise it until after the district court ruled against him, dismissing his suit.  And the court did not lack jurisdiction.

            Appeal from the Iowa District Court for Muscatine County, Stuart P. Werling, Judge.  AFFIRMED.  Considered by Badding, P.J., Chicchelly, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (11 pages)

Jerry Guy Jr. appeals his conviction for lascivious acts with a child.  He raises evidentiary challenges and argues there is insufficient evidence to support his conviction.  OPINION HOLDS: Guy failed to preserve error on his hearsay challenge.  Because the district court did not abuse its discretion in admitting exhibits 1A–1D and substantial evidence supports Guy’s conviction, we affirm.

            Appeal from the Iowa District Court for Marion County, Charles C. Sinnard, Judge.  AFFIRMED.  Considered by Schumacher, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            An applicant for postconviction relief appeals the dismissal of his application.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (13 pages)

            Max Evan Meharry Stone appeals from the trial court’s finding that he is a sexually violent predator and therefore should be civilly committed pursuant to Iowa Code chapter 229A (2019).  OPINION HOLDS: Because we find that Stone’s constitutional rights were not violated, the court did not abuse its discretion in its evidentiary ruling, and sufficient evidence supports the court’s verdict, we affirm.

            Appeal from the Iowa District Court for Johnson County, Jason A. Burns, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Schumacher and Badding, JJ.  Opinion by Tabor, P.J.  (5 pages)

            A defendant appeals her conviction for operating while intoxicated, challenging the denial of her motion to suppress.  OPINION HOLDS: We find that all the facts, taken together, would allow a reasonable officer to suspect impaired driving and conclude the district court correctly denied the defendant’s motion to suppress.  Thus, we affirm her conviction.

            Appeal from the Iowa District Court for Dallas County, Charles C. Sinnard, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL. Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (10 pages)

            A subcontractor appeals a ruling determining that it breached a construction contract.  The developer cross-appeals the ruling awarding the subcontractor an offset for unbilled labor.  OPINION HOLDS: The district court’s determination that the subcontractor breached the contract is supported by substantial evidence.  The district court’s determination that the defendant is entitled to an offset is also supported by substantial evidence.

            Appeal from the Iowa District Court for Floyd County, Gregg R. Rosenbladt, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Schumacher and Langholz, JJ.  Opinion by Langholz, J.  (15 pages)

            Kara Shannon appeals from the decree dissolving her marriage with Chris Shannon.  She challenges the joint-physical-care placement of their children, the child-support award based on that placement, and the valuation and division of the marital property and debts.  OPINION HOLDS: Giving the district court’s thoughtful decision due deference, we agree that awarding joint physical care serves the best interests of the children.  And the joint-physical-care label is appropriate for the roughly equal parenting schedule here.  So Kara’s challenge to the child support calculation on that basis fails.  We also agree with the district court’s fact findings on the existence of a personal loan and the amount of the Discover-credit-card debt.  But Kara is correct that the property and debt division is inequitable given the parties’ circumstances because it is unequal.  We thus increase Chris’s equalization payment to Kara.  We decline to award Chris appellate attorney fees.

            Appeal from the Iowa District Court for Cerro Gordo County, Colleen Weiland, Judge.  AFFIRMED.  Considered Badding, P.J., Bower, S.J., and Gamble, S.J.  Opinion by Gamble, S.J.  (7 pages)

            An applicant appeals the denial of postconviction relief.  OPINION HOLDS: Because he has failed to establish prejudice in the outcome of his trial, the applicant has not met his burden for his ineffective-assistance-of-counsel claims.

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  SENTENCE VACATED AND REMANDED FOR RESENTENCING.  Considered by Greer, P.J., and Ahlers and Buller, JJ.  Opinion by Buller, J. (9 pages)

            A juvenile criminal defendant appeals his mandatory-minimum sentence for second-degree sexual abuse.  OPINION HOLDS: Because we find the district court failed to consider one of the constitutionally required juvenile-sentencing factors, we vacate the sentence and remand with directions to re-sentence and apply the required factors.  We also address Chapline’s petition for rehearing and the State’s response, and we decline to require resentencing before a different judge.

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (11 pages)

            Timothy Trulson appeals from the decree dissolving his marriage to Holly Trulson.  He argues that the division of the marital property failed to accurately value Holly’s IPERS account and equitably divide the parties’ property.  OPINION HOLDS: Because neither party presented any actuarial evidence regarding the present value of the IPERS account, we conclude it must be divided using the Benson formula.  We remand to the district court to create a QDRO.  With the division of the IPERS account, recalculation of the division of property is needed.  As part of the recalculation, we award Holly’s IRA to her and raise her property-settlement payment obligation. 

            Appeal from the Iowa District Court for Pottawattamie County, James S. Heckerman, Judge.  AFFIRMED.  Heard by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Langholz, J.  (16 pages)

            Paul and Therese Yakel appeal the district court’s grant of summary judgment dismissing their breach-of-contract, breach-of-implied-warranty, and negligent-construction claims against Randall Wheeler arising from their home-siding-replacement project.  OPINION HOLDS: The undisputed facts, including the Yakels’ repeated testimony that Wheeler was not their general contractor for the siding replacement project, shows that the Yakels’ did not contract with Wheeler to be their general contractor.  And so their breach-of-contract claim and breach-of-implied warranty claims based on the contrary theory fail as a matter of law.  Because their negligence claim also seeks to remedy their defeated expectations on the construction project, the economic-loss doctrine forecloses it as well.

            Appeal from the Iowa District Court for Des Moines County, Joshua P. Schier, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (4 pages)

            A postconviction applicant appeals the denial of relief, asserting ineffective assistance of counsel relating to jury selection and a motion for change of venue.  OPINION HOLDS: Finding Royer did not prove counsel was ineffective, we affirm.

            Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge.  AFFIRMED.  Considered by Badding, P.J., Bower, S.J., and Carr, S.J.  Opinion by Badding, J.  (5 pages)

            An applicant appeals the summary disposition of his application for postconviction relief, claiming his sentence violates ex post facto protections.  OPINION HOLDS: Finding no ex post facto violation, we affirm the summary disposition of the applicant’s application for postconviction relief.

            Appeal from the Iowa District Court for Linn County, Valerie Clay, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (6 pages)

            A defendant challenges his sentences for eluding, driving while barred, and operating while intoxicated.  OPINION HOLDS: Because the court appropriately weighed the necessary factors in reaching its decision, we affirm. 

            Appeal from the Iowa District Court for Audubon County, Jeffrey L. Larson, Judge.  APPEAL DISMISSED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Chicchelly, J.  (4 pages)

            Brian Ray Dunn appeals the sentence imposed after pleading guilty to third‑degree sexual abuse, challenging the guilty plea proceedings.  OPINION HOLDS: Because Dunn failed to preserve error by filing a motion in arrest of judgment, he has not shown good cause to appeal and we lack jurisdiction.

            Appeal from the Iowa District Court for Pottawattamie County, Greg W. Steensland, Judge.  AFFIRMED AS MODIFIED.  Heard by Bower, C.J., and Tabor and Greer, JJ., but decided by Tabor, P.J., Greer, J., and Bower, S.J.  Opinion by Greer, J.  (17 pages)

            James Bashore appeals the decree dissolving his marriage to Loriel Bashore (now known as Loriel Nordmeyer).  James challenges the district court’s admission of exhibit 26, the spousal-support provision, the child-support provision, the division of marital property, and the award of $4000 in trial attorney fees to Loriel.  Loriel asks that we affirm the district court and award her $2500 in appellate attorney fees.  OPINION HOLDS: Because exhibit 26 was inadmissible, we exclude it from our review on appeal.  We affirm the spousal-support provision, the property division, and the $4000 award of trial attorney fees to Loriel.  We reverse the district court’s determination that their child is a dependent adult and the corresponding child-support provision.  Finally, we award Loriel $2500 in appellate attorney fees. 

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (6 pages)

            A defendant appeals his discretionary sentence, challenging the use of a victim impact statement and asserting the sentencing court abused its discretion.  OPINION HOLDS: Finding error was not preserved on the victim impact statement, and the district court did not abuse its discretion in sentencing, we affirm.

            Appeal from the Iowa District Court for Black Hawk County, Linda M. Fangman, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Tabor, P.J.  (5 pages)

            Nathan Wilson appeals his prison sentence stemming from the discharge of a weapon followed by a six-hour standoff with police.  Wilson pleaded guilty to reckless use of a firearm causing bodily injury, interference with official acts while armed, and intimidation with a dangerous weapon.  Wilson contends the district court should have suspended the prison sentence and instead placed him in residential treatment.  OPINION HOLDS: We find no abuse of discretion in the sentencing, thus, we affirm.

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED.  Heard by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (9 pages)

            Rocky Trujillo challenges his convictions for first-degree murder and two counts of first-degree robbery.  OPINION HOLDS: Because sufficient evidence supports all three convictions, we affirm.

            Appeal from the Iowa District Court for Dallas County, Stacy Ritchie, Judge.  AFFIRMED ON APPEAL AND CROSS-APPEAL.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, P.J.  (12 pages)

            Phillip Creese appeals the property-division provisions in the district court’s decree dissolving his marriage to Colleen Creese.  Colleen cross-appeals the court’s decision granting the parties joint physical care of their minor child and requests appellate attorney fees.  OPINION HOLDS: We affirm, finding that the district court’s valuation of the marital home was within the range of permissible evidence.  Additionally, we find the district court acted equitably in setting aside $25,000 from the value of the marital home for Phillip.  As to the physical care arrangement for the parties’ minor child, we agree with the court that joint physical care is in the best interests of the child.  Lastly, we deny Colleen’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (3 pages)

            A criminal defendant appeals a discretionary sentence, urging the sentencing court had a fixed policy.  OPINION HOLDS: We find the sentencing court did not have a fixed sentencing policy and did not abuse its discretion.

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Bower, S.J.  (10 pages)

            A father appeals the private termination of his parental rights under Iowa Code section 600A.8 (2022).  OPINION HOLDS: Because we conclude the grounds for termination were met and the best interests of the child favor termination, we affirm.

            Appeal from the Iowa District Court for Harrison County, Charles D. Fagan, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Badding, J.  (15 pages)

            A guardian appeals the termination of a minor guardianship.  OPINION HOLDS: We conclude the juvenile court correctly terminated the guardianship and affirm.

            Appeal from the Iowa District Court for Marion County, Brad McCall, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J.  (6 pages)

            A debtor appeals from a ruling enforcing an unsatisfied small-claims judgment based on the limitations period.  OPINION HOLDS: Concluding small-claims actions are tried in a court of record under our unified court system and therefore subject to a twenty-year limitations period, we affirm the district court.

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J. (8 pages)

            Defendant appeals the imposition of consecutive prison sentences.  OPINION HOLDS: Because the district court gave a comprehensive statement of reasons, including acknowledging mitigating factors and reasons for imposition of consecutive terms of imprisonment, we find no abuse of discretion and affirm.

            Appeal from the Iowa District Court for Wapello County, Kirk Daily, Judge.  APPEAL DISMISSED.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Buller, J.  (3 pages)

            A criminal defendant attempts to appeal an agreed-upon sentence entered following his guilty plea.  OPINION HOLDS: Because this attempted appeal is not supported by good cause, we dismiss it.

            Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge.  AFFIRMED.  Considered by Ahlers, P.J., Badding, J., and Blane, S.J.  Opinion by Blane, S.J.  Dissent by Ahlers, P.J.  (10 pages)

            Zachary Chelf appeals the sentence imposed following his guilty plea, alleging the State violated the plea agreement by stating he is a “good fit” for a residential correctional facility for supervised probation.  OPINION HOLDS: We find the State did not breach the plea agreement and affirm.  DISSENT ASSERTS: I would conclude the prosecutor’s sentencing recommendation for the defendant to be placed on supervised probation at a residential correctional facility went beyond the plea agreement’s joint sentencing recommendation that the defendant be placed on supervised probation.  As a result, I believe the prosecutor violated the spirit of the plea agreement and resentencing before a different judge is necessary.

            Appeal from the Iowa District Court for Woodbury County, Steven J. Andreasen, Judge.  AFFIRMED.  Heard by Bower, C.J., Tabor, Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, but decided by Tabor, P.J., Schumacher, Ahlers, Badding, Chicchelly, Buller, and Langholz, JJ, and Bower, S.J.  Opinion by Schumacher, J.  (9 pages)

            MidAmerican Energy Company appeals a dismissal of its action and claims Iowa Code chapter 480 (2022) provides a private cause of action.  OPINION HOLDS: We conclude chapter 480 does not provide for a private cause of action and the district court properly granted the motion to dismiss.  Accordingly, we affirm the district court.

            Appeal from the Iowa District Court for Warren County, Thomas P. Murphy, Judge.  AFFIRMED AS MODIFIED ON APPEAL, AFFIRMED ON CROSS-APPEAL, AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (14 pages)

            Elias Nunez appeals, and Chelsey Nunez cross-appeals, the decree dissolving their marriage, including the provisions dividing their property and setting Elias’s visitation schedule.  Elias also appeals the district court’s refusal to hold Chelsey in contempt for violating a temporary order to make vehicle loan and insurance payments.  OPINION HOLDS: We affirm the district court’s division of their Indianola acreage’s proceeds on both the appeal and cross-appeal.  The decree appropriately permitted the parties to file separate tax returns for 2022 and equitably allocated credits and deductions.  But we agree with Elias that the decree went too far in awarding Chelsey survivorship rights in Elias’s IPERS pension and thus modify the decree to remove this provision and remand for the district court to issue a new QDRO.  The visitation schedule is in the children’s best interest.  We see no gross abuse of discretion in the district court’s refusal to hold Chelsey in contempt.  And we award Chelsey $3000 in appellate attorney fees.

            Appeal from the Iowa District Court for Dubuque County, Robert J. Richter, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J. (5 pages)

            A criminal defendant challenges his discretionary sentence, urging his criminal history was not part of the record.  OPINION HOLDS: We affirm because the criminal history was part of the record, and the defendant did not object to it.

            Appeal from the Iowa District Court for Iowa County, Fae Hoover Grinde, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (10 pages)

            Dr. Mark Irland appeals the granting of summary judgment and the award of damages to the defendants.  OPINION HOLDS: The district court properly granted summary judgment because Dr. Irland waived all claims arising from before the settlement agreement was enforced, and that waiver covers all of the claims he raised in this action.  Thus, we affirm the district court’s grant of summary judgment in favor of the defendants.  However, because the defendants did not provide statutory or contractual support for their award of attorney fees and the record does not show conduct that is intentional and likely aggravated by cruel and tyrannical motives to support a common law attorney fee award of damages, we reverse the district court’s attorney fee award.

            Appeal from the Iowa District Court for Warren County, William A. Price and Mark F. Schlenker, Judges.  AFFIRMED.  Considered by Schumacher, P.J., Ahlers, J., and Blane, S.J.  Opinion by Blane, S.J.  (11 pages)

            K.G. appeals the child-in-need-of-assistance adjudication and disposition regarding her child, D.A.  K.G. contends that the State failed to prove the grounds for adjudication and removal.  OPINION HOLDS: Because we find the State showed an imminent risk to D.A., we affirm.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (5 pages)

            The mother appeals the termination of her parental rights to her child.  OPINION HOLDS: The mother is not able to provide for the present and future needs of her child, and delaying termination for six more months will not correct the situation.  We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Scott County, Christine Dalton, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Buller, J.  (8 pages)

            The mother and father separately appeal termination of their parental rights to their children.  OPINION HOLDS: After considering the arguments put forward by both parents on appeal, we affirm the termination of both parents’ rights.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (8 pages)

            A mother appeals the termination of her parental rights, challenging the sufficiency of evidence supporting the grounds for termination and arguing termination is contrary to the child’s best interests because of the parent-child bond.  OPINION HOLDS: We affirm the termination of the mother’s parental rights.

            Appeal from the Iowa District Court for Keokuk County, Patrick McAvan, Judge.  AFFIRMED.  Considered by Ahlers, P.J., and Chicchelly and Buller, JJ.  Opinion by Ahlers, P.J.  (5 pages)

            A mother appeals the establishment of guardianships for two of her children.  OPINION HOLDS: The Iowa Department of Health and Human Services made reasonable efforts towards reunification.  We do not grant the mother additional time to work toward reunification, and we agree with the juvenile court at the establishment of guardianships is in the children’s best interests.

            Appeal from the Iowa District Court for Polk County, Rachael E. Seymour, Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (9 pages)

            A mother appeals the termination of her parental rights. OPINION HOLDS: Termination of the mother’s parental rights is supported by clear and convincing evidence under Iowa Code section 232.116(1)(h) (2023), termination is in the best interest of the child, and the application of a permissive exception is unwarranted.  We affirm.

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

            A mother and father separately appeal the termination of their respective parental rights.  OPINION HOLDS: The mother does not challenge all of the statutory grounds for termination, so we find statutory grounds authorizing termination of her rights satisfied under the unchallenged grounds.  The State established that the children cannot be safely returned to the father’s custody, satisfying a statutory ground for termination of his parental rights.  Termination of the father’s rights is in the children’s best interests.  We decline to apply a permissive exception to preserve the father’s parental rights.  We do not grant either parent any additional time to work toward reunification.

            Appeal from the Iowa District Court for Dubuque County, Thomas J. Straka, Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (6 pages)

            Parents separately appeal the termination of their parental rights.  OPINION HOLDS: We affirm the termination of both parents’ rights.