I. Background Facts and Proceedings... Hubbell Homes (Hubbell) is in the business of building and selling single-family houses and townhomes. In 2006, Hubbell began negotiating with Billy Michael Key (Mike) and Donna Elizabeth Powers Key for the sale of a new home in Norwalk, where Mike's employer had reassigned him. Mike's employer offered to pay a monthly rental housing allowance for one year as a reassignment benefit. Accordingly, the parties negotiated a Purchase Agreement for $376,900 with...  

Gene Campbell appeals his conviction for the first-degree murder of James Hendrix, Jr., contending there is insufficient evidence to support his conviction and his counsel was ineffective. We affirm... I. Background Facts and Proceedings... Hendrix, age sixty, had suffered a disabling stroke and walked with a cane. He lived independently with the assistance of a Goodwill trainer for household chores and the assistance of a conservator for finances. Andre Buckner previously stayed with Hendrix...  

Stephanie Coppock, owner of LPL, Inc., filed suit against Thomas Lustgraaf and Weltel, L.L.C. claiming Thomas was in breach of an oral partnership agreement and that she was entitled to damages on numerous grounds. Thomas and Weltel denied any partnership agreement existed, asserted affirmative defenses, and filed a counterclaim. The issue of whether a partnership agreement existed was tried to the court and the remaining claims were tried before a jury. The court determined there was no...  

This is an appeal by the law firm for the estate of Hilda Janssen from a ruling awarding it $36,000 in extraordinary attorney fees. We affirm... I. Background Facts and Proceedings... Hilda D. Janssen died testate on February 18, 2006. Hilda's husband, Claus, and son, Donald, predeceased her. In March 2006, Hilda's daughter, Jean Anderson, was appointed executor of Hilda's estate. At the time of her death, Hilda's three surviving sons were William, Robert, and Charles Janssen. In August 2006,...  

I. Background Facts and Proceedings... Draun's, Inc., incorporated in 1974, was an Iowa Corporation that sold and serviced farm equipment. As of 2000, Draun's had two shareholders—William Meyer owned sixty-five percent of the stock and held the title of President, and Dale Mohs owned thirty-five percent of the stock and held the title of Vice President and Secretary. On March 9, 2000, Draun's borrowed $175,000 from Peoples State Bank (Bank) for operating costs.1 The terms of the...  

This appeal requires us to determine the qualifications required for plaintiff Bank`s expert witness in a professional negligence claim against an accounting firm upon whose report the Bank may have relied. We conclude the witness was improperly excluded and therefore reverse and remand for a new trial... I. Background Facts and Proceedings... On April 27, 2006, Quad City Bank (Bank) filed this accounting malpractice action against Jim Kircher & Associates, P.C. (Kircher), asserting Kircher...  

The employer and its insurer contend that we must view the claimant's expert's testimony—from which the commissioner found causation—through the lens of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 591-95, 113 S. Ct. 2786, 2796-97, 125 L. Ed. 2d 469, 481-84 (1993), and find it unreliable as a matter of law. We reject both the premise and the conclusion. Because the commissioner's causation finding is supported by substantial evidence, we must affirm... I. Background...  

I. Background Facts & Proceedings... On February 22, 2008, Mark Peak was assisting Ellis and Rachel Adams move into their new residence in Muscatine. A U-Haul truck had been leased to facilitate their move. Snow had accumulated upon the gravel driveway which resulted in the truck becoming "stuck." Peak recovered a piece of plywood from the garage and placed it under the rear wheels for traction. Peak and Rachel, with others, assembled at the rear of the truck to urge it forward. When...  

Brian Sohn appeals the physical care provisions of the district court's decree dissolving his marriage to Kimberly Sohn, arguing the court erred in awarding Kimberly physical care of the parties' child and in failing to award Brian physical care. He also disputes the amount of child support awarded to Kimberly and the obligations to pay daycare expenses and Kimberly's attorney fees. Brian also asks that the child's dependency exemption be awarded to him. Kimberly requests appellate attorney...  

Tyler Oberhart appeals his conviction for murder in the first degree in violation of Iowa Code section 707.2 (2007). Because we find his trial counsel was not ineffective and substantial evidence supported the conviction, we affirm... I. Background Facts and Proceedings... ... Oberhart was found guilty of first-degree murder following the stabbing death of Jerry Pittman II in October 2007. On the night of October 5, 2007, Oberhart and a group of friends, including Justin Robuck, Ray Travis,...  

I. Background Facts and Proceedings... On May 16, 1991, the district court entered a ruling declaring Tracy McCampbell to be the natural father of Treshaun McCampbell and ordering Tracy to pay child support. Tracy was never married to Treshaun's mother, Shaneen Moore, and the parties never lived together as a family. Treshaun has always lived with Shaneen. On November 27, 2007, Shaneen filed a petition to modify child support requesting that the court require Tracy to provide support for...  

Workers' compensation claimant, John McGowan, appeals from the district court's ruling on judicial review, which affirmed in part, reversed in part, and remanded to the agency for further fact finding. The employer, Brandt Construction, and its insurer, Nationwide Mutual Insurance Co.,1 cross-appeal from the district court's partial remand. We affirm on both appeals... I. Background Facts and Proceedings... John McGowan was involved in a motor vehicle accident on May 16, 2003, while driving a...  

John Nazarchyk appeals the district court's dismissal of his application for rule to show cause for Dawn Talkington-Nazarchyk's failure to comply with their Texas divorce decree. Upon our review, we reverse and remand for further proceedings... I. Background Facts and Proceedings... John Nazarchyk and Dawn Talkington-Nazarchyk1 were divorced in Texas in 1995. The parties' divorce decree awarded the marital real property to Dawn and further ordered:... [John] shall execute a special warranty...  

John Hatfield appeals a district court order requiring the sale of ExxonMobil stock in his portfolio as recommended by his conservator... I. Background Facts and Proceedings... Eighty-four-year-old John David Hatfield has a net worth of approximately $2.5 million. About half of his portfolio consists of ExxonMobil stock he has owned for fifty years. Hatfield's conservator, U.S. Bank, determined his concentration in this stock was too high. Accordingly, the bank recommended... a plan to...  

This is an appeal from a ruling in favor of an insurer in an insurance coverage dispute. Unlike in the typical such case, we do not have to interpret the insurance policy itself. The parties largely agree as to what it means. However, we have to examine a separate agreement between the parties and determine what they meant therein by "alleged defectively constructed roof claims." Did those claims, so defined, fall within the coverage afforded by the insurance policy? Because we believe...  

Paul Martin appeals, and Sandra Martin cross-appeals, challenging certain economic provisions of the decree dissolving their long-term marriage. Paul contends that in making the property division, the district court should have considered Sandra's withdrawal of money from a joint account during the parties' separation as property credited to her. He also contends the court should have ordered the parties' airplane sold and the proceeds divided rather than allocating the asset to him. In...  

Kathy Bradshaw-Hulsing appeals from the district court's order granting summary judgment in favor of the Board of Adjustment of the City of Clive (Board). The central question on appeal is whether Bradshaw-Hulsing's challenge to certain actions of the City of Clive (City) is barred by section 175.43(4) of the Clive Zoning Ordinance, which requires appeals to be taken from any decision of the Clive Community Development Department (CCDD) to the Board within ten days. Because we agree that...  

Jesus Segovia appeals from his convictions of two counts of robbery in the second degree and one count of false imprisonment. He claims (1) the State engaged in prosecutorial misconduct by violating a ruling in limine, (2) counsel was ineffective for failing to object to prejudicial testimony and failing to request a mistrial, and (3) the district court erred in failing to grant his motion for judgment of acquittal. We affirm... I. Background Information and Prior Proceedings... In February...  

I. Background Facts and Proceedings... Phoenix C & D Recycling, Inc. is in the business of acquiring construction and demolition waste materials (C&D) and recycling such materials for other uses. One use of C&D waste is as alternative daily cover (ADC) in landfills.1 Metro Waste Authority, Inc. (MWA) owns and operates a municipal solid waste landfill in Polk County. MWA's operations are regulated by governmental agencies, including the Iowa Department of Natural Resources (IDNR) and the United...  

Randy Blanchard appeals from judgment, convictions, and sentences for first-degree murder, in violation of Iowa Code section 707.2(5) (2007), and child endangerment resulting in death, in violation of section 726.6(4). He challenges the sufficiency of the evidence. He also argues that based upon Heemstra principles, the murder conviction cannot stand. We affirm... I. Background... Aliya was born by caesarean delivery to Annette E. on January 30, 2008. Her father was Randy Blanchard. Aliya came...