Recent Decisions from Iowa - The Public Library of Law

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Showing 101 to 113 of 113 results

Decision Date
101. In the Interest of A.E., No. 0-264/10-0148 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother appeals the termination of her parental rights to her children. She contends the State failed to prove the grounds for termination by clear and convincing evidence. She also contends the State failed to make reasonable efforts to reunite her with her children. We review her claims de novo. See In re N.E., 752 N.W.2d 1, 6 (Iowa 2008)... The children, born in February 2005 and December 2007, were adjudicated in need of assistance (CINA) in January 2008 after two founded child abuse...
102. In the Interest of L.L., No. 0-265/10-0469 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother appeals the juvenile court's order placing the child in family foster care. We affirm... I. Background Facts and Proceedings... J.R. is the mother and J.L. is the father of L.L., born in June 1998.1 The parents never married, and they separated when the child was approximately six months old. Following a contested custody trial, the child was placed in the father's care with the mother receiving visitation with the child... The child was previously sexually abused while in the mother's...
103. State v. Jennings, No. 0-271/09-0490 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 Thomas Jennings appeals from judgments and sentences imposed following his convictions for willful injury resulting in serious injury, assault on persons engaged in certain occupations, and interference with official acts... I. Background Facts & Proceedings... A jury could find the following facts. Thomas Jennings moved into a house in Winfield next door to the home of Debora Wilkerson and her daughters. On June 21, 2008, Wilkerson's daughters and niece, Jennings's stepson, and another boy...
104. State v. Castro, No. 0-275/09-0872 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 On June 27, 2006, a preliminary complaint accused Erwin Castro of the crime of third-degree sexual abuse. On the same date, the district court found probable cause to believe Castro had committed the crime charged and entered a no contact order as a condition of any release. The order prohibited Castro from having unsupervised contact with children under the age of eighteen, and specifically prohibited contact with the alleged victim. The June 27 order provided in part, "ONLY A JUDGE CAN...
105. Planning Design Build, Inc. v. River Bluff Resort, L.L.C., No. 0-285/09-1266 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 Defendants challenge the district court's entry of a default judgment and assessment of costs and attorney fees as a sanction for their failure to produce witnesses for depositions. We reverse and remand... I. Background Facts and Proceedings... In January 2007, Planning Design Build, Inc., now known as Iconica, filed a petition in district court alleging a cause of action against defendants for defendants' default on a promissory note. In January 2008, the petition was amended to add...
106. MS Financial, Inc. v. Foss, No. 0-289/09-1427 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 Plaintiff appeals, seeking a reversal of a district court judgment awarding it $200 plus costs from defendant. We affirm... SCOPE OF REVIEW... Our review is for errors at law. Iowa R. App. P. 6.907; Van Oort Constr. Co. v. Nuckoll's Concrete Serv., Inc., 599 N.W.2d 684, 689 (Iowa 1999). The district court's findings have the effect of a special verdict and are binding on us if supported by substantial evidence. Data Documents, Inc. v. Pottawattamie County, 604 N.W.2d 611, 615 (Iowa 2000). We...
107. In the Interest of M.L.T.M., No. 0-292/09-1589 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother of a child born in 1998, together with her spouse, petitioned to terminate the parental rights of the child's father on the ground that he abandoned the child. Following a hearing, the district court granted the petition... On appeal, the father contends (1) he has "maintained a substantial and continuous relationship with M.L.T.M. when physically able to do so and has provided financial support for his child when he was financially able to do so" and (2) termination is not in...
108. In the Interest of A.W., No. 0-299/10-0364 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 I. Background Facts & Proceedings... Neil and Jessica are the parents of Nita, born in 2005, and Aiden, born in 2007. Both parents have a lengthy history of substance abuse. Neil also has a history of criminal activity. Aiden was born with illegal drugs in his system. The children were removed from the parents' care and placed with the paternal grandmother... The children were adjudicated to be in need of assistance (CINA) under Iowa Code sections 232.2(6)(b), (c), (n), and (o) (2007). The...
109. In the Interest of O.D., No. 0-300/10-0427 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother appeals the termination of her parental rights to her children. She contends the State failed to establish termination was in the best interests of the children and the district court erred in failing to do a proper balancing test for the best interests of the children under Iowa Code section 232.116(2) (2009). We review her claims de novo. See In re P.L., 778 N.W.2d 33, 40 (Iowa 2010)... The children first came to the attention of the Iowa Department of Human Services in December 2008...
110. In the Interest of S.R., No. 0-301/10-0449 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother appeals from the juvenile court order terminating her parental rights to her nine-year-old daughter, L.R.; six-year-old daughter, F.R.; four-year-old daughter, B.R.; and three-year-old daughter, S.R. The mother contends the court erred in ordering termination because (1) clear and convincing evidence does not support the statutory grounds cited by the court, (2) termination is not in the best interests of the children, and (3) the children could have been returned the mother within six...
111. In the Interest of V.K., No. 0-302/10-0485 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A mother appeals from the juvenile court order terminating her parental rights to her two children.1 She argues that the State failed to prove the statutory grounds by clear and convincing evidence and that termination was not in the children's best interests. Upon our de novo review, we affirm... I. Background Facts and Proceedings... D.B. is the mother of two children, V.K. (born 2002) and L.K. (born 2004). D.B.'s husband, N.K., is the father of the children. The marriage has been volatile,...
112. Rabe Hardware, Inc. v. Jayapathy, No. 8-339/07-1581 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 A plumbing company sued a homeowner for fraud and breach of a settlement agreement. A jury awarded the company damages. On appeal, the homeowner contends (1) the award was not supported by sufficient evidence, (2) she was entitled to damages on her counterclaims, and (3) the district court should have granted her motion for change of venue... I. Background Facts and Proceedings... Elisabeth Jayapathy moved to Marengo, Iowa, purchased a lot, and began building a home. Her son, Krishnan Jayapathy...
113. Streigle v. Sigourney Builders, Inc., No. 9-631/08-1423 (Iowa App. 5/12/2010) (Iowa App., 2010) May 12, 2010 Petitioners Arthur D. Streigle and Loretta L. Streigle (Streigles) appeal from the district court order dismissing their petition for declaratory judgment. The petition sought a ruling declaring that the estate of the respondent, Sigourney Builders, is subject to an easement for ingress and egress. The Streigles contend the district court erred in finding that (1) the Streigles had sold the dominant estate and were no longer real parties in interest, and (2) Sigourney Builders had extinguished...

Decision Date

101. In the Interest of A.E., No. 0-264/10-0148 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother appeals the termination of her parental rights to her children. She contends the State failed to prove the grounds for termination by clear and convincing evidence. She also contends the State failed to make reasonable efforts to reunite her with her children. We review her claims de novo. See In re N.E., 752 N.W.2d 1, 6 (Iowa 2008)... The children, born in February 2005 and December 2007, were adjudicated in need of assistance (CINA) in January 2008 after two founded child abuse...

102. In the Interest of L.L., No. 0-265/10-0469 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother appeals the juvenile court's order placing the child in family foster care. We affirm... I. Background Facts and Proceedings... J.R. is the mother and J.L. is the father of L.L., born in June 1998.1 The parents never married, and they separated when the child was approximately six months old. Following a contested custody trial, the child was placed in the father's care with the mother receiving visitation with the child... The child was previously sexually abused while in the mother's...

103. State v. Jennings, No. 0-271/09-0490 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

Thomas Jennings appeals from judgments and sentences imposed following his convictions for willful injury resulting in serious injury, assault on persons engaged in certain occupations, and interference with official acts... I. Background Facts & Proceedings... A jury could find the following facts. Thomas Jennings moved into a house in Winfield next door to the home of Debora Wilkerson and her daughters. On June 21, 2008, Wilkerson's daughters and niece, Jennings's stepson, and another boy...

104. State v. Castro, No. 0-275/09-0872 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

On June 27, 2006, a preliminary complaint accused Erwin Castro of the crime of third-degree sexual abuse. On the same date, the district court found probable cause to believe Castro had committed the crime charged and entered a no contact order as a condition of any release. The order prohibited Castro from having unsupervised contact with children under the age of eighteen, and specifically prohibited contact with the alleged victim. The June 27 order provided in part, "ONLY A JUDGE CAN...

105. Planning Design Build, Inc. v. River Bluff Resort, L.L.C., No. 0-285/09-1266 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

Defendants challenge the district court's entry of a default judgment and assessment of costs and attorney fees as a sanction for their failure to produce witnesses for depositions. We reverse and remand... I. Background Facts and Proceedings... In January 2007, Planning Design Build, Inc., now known as Iconica, filed a petition in district court alleging a cause of action against defendants for defendants' default on a promissory note. In January 2008, the petition was amended to add...

106. MS Financial, Inc. v. Foss, No. 0-289/09-1427 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

Plaintiff appeals, seeking a reversal of a district court judgment awarding it $200 plus costs from defendant. We affirm... SCOPE OF REVIEW... Our review is for errors at law. Iowa R. App. P. 6.907; Van Oort Constr. Co. v. Nuckoll's Concrete Serv., Inc., 599 N.W.2d 684, 689 (Iowa 1999). The district court's findings have the effect of a special verdict and are binding on us if supported by substantial evidence. Data Documents, Inc. v. Pottawattamie County, 604 N.W.2d 611, 615 (Iowa 2000). We...

107. In the Interest of M.L.T.M., No. 0-292/09-1589 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother of a child born in 1998, together with her spouse, petitioned to terminate the parental rights of the child's father on the ground that he abandoned the child. Following a hearing, the district court granted the petition... On appeal, the father contends (1) he has "maintained a substantial and continuous relationship with M.L.T.M. when physically able to do so and has provided financial support for his child when he was financially able to do so" and (2) termination is not in...

108. In the Interest of A.W., No. 0-299/10-0364 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

I. Background Facts & Proceedings... Neil and Jessica are the parents of Nita, born in 2005, and Aiden, born in 2007. Both parents have a lengthy history of substance abuse. Neil also has a history of criminal activity. Aiden was born with illegal drugs in his system. The children were removed from the parents' care and placed with the paternal grandmother... The children were adjudicated to be in need of assistance (CINA) under Iowa Code sections 232.2(6)(b), (c), (n), and (o) (2007). The...

109. In the Interest of O.D., No. 0-300/10-0427 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother appeals the termination of her parental rights to her children. She contends the State failed to establish termination was in the best interests of the children and the district court erred in failing to do a proper balancing test for the best interests of the children under Iowa Code section 232.116(2) (2009). We review her claims de novo. See In re P.L., 778 N.W.2d 33, 40 (Iowa 2010)... The children first came to the attention of the Iowa Department of Human Services in December 2008...

110. In the Interest of S.R., No. 0-301/10-0449 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother appeals from the juvenile court order terminating her parental rights to her nine-year-old daughter, L.R.; six-year-old daughter, F.R.; four-year-old daughter, B.R.; and three-year-old daughter, S.R. The mother contends the court erred in ordering termination because (1) clear and convincing evidence does not support the statutory grounds cited by the court, (2) termination is not in the best interests of the children, and (3) the children could have been returned the mother within six...

111. In the Interest of V.K., No. 0-302/10-0485 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A mother appeals from the juvenile court order terminating her parental rights to her two children.1 She argues that the State failed to prove the statutory grounds by clear and convincing evidence and that termination was not in the children's best interests. Upon our de novo review, we affirm... I. Background Facts and Proceedings... D.B. is the mother of two children, V.K. (born 2002) and L.K. (born 2004). D.B.'s husband, N.K., is the father of the children. The marriage has been volatile,...

112. Rabe Hardware, Inc. v. Jayapathy, No. 8-339/07-1581 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

A plumbing company sued a homeowner for fraud and breach of a settlement agreement. A jury awarded the company damages. On appeal, the homeowner contends (1) the award was not supported by sufficient evidence, (2) she was entitled to damages on her counterclaims, and (3) the district court should have granted her motion for change of venue... I. Background Facts and Proceedings... Elisabeth Jayapathy moved to Marengo, Iowa, purchased a lot, and began building a home. Her son, Krishnan Jayapathy...

113. Streigle v. Sigourney Builders, Inc., No. 9-631/08-1423 (Iowa App. 5/12/2010) (Iowa App., 2010)

May 12, 2010

Petitioners Arthur D. Streigle and Loretta L. Streigle (Streigles) appeal from the district court order dismissing their petition for declaratory judgment. The petition sought a ruling declaring that the estate of the respondent, Sigourney Builders, is subject to an easement for ingress and egress. The Streigles contend the district court erred in finding that (1) the Streigles had sold the dominant estate and were no longer real parties in interest, and (2) Sigourney Builders had extinguished...

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