VAITHESWARAN, J. A mother and father appeal the termination of their parental rights to their child, born in 2007. The mother contends the juvenile court "erred in concluding that sufficient grounds exist to terminate [her] parental rights pursuant to Iowa Code sections 232.116(1)(g) and ( l )." The father argues (1) "reasonable efforts to reunite parent and child were not provided" and (2) the juvenile court erred in waiving the reasonable efforts requirement. I. Mother's Appeal We may...
DOYLE, J. Gregory Barber appeals the district court's decision affirming the Employment Appeal Board's denial of unemployment insurance benefits. We reverse and remand this case to the district court for consideration of whether Barber voluntarily quit with good cause attributable to his employer because of a change in the contract of hire. I. Background Facts and Proceedings. Claimant Gregory Barber was hired by employer Contract Transport, Inc. (Transport) on March 5, 2008, as an on-call...
HUITINK, S.J. I. Background Facts & Proceedings This case involves two parcels of land in Dubuque County owned by Dennis Sharkey. The legal description of the first parcel (Parcel A) is: Lot 1-2-16, Lot 2-2-16, Lot 1-17 and Lot 2-17 of Marshfield Addition except the abandoned railroad right of way in Section 3, Dubuque Township, Dubuque County, Iowa. This property is zoned M-1, Industrial, and M-2, Heavy Industrial. The legal description for the second parcel (Parcel B) is: Lot 1-1-2-5 and...
POTTERFIELD, J. Homeworks, Inc. challenges the district court's grant of summary judgment in favor of the plaintiffs, Robert and Mary Johnson, in this replevin action. On appeal, Homeworks contends service of original notice was defective. Robert and Mary Johnson initially filed and served a petition for injunctive relief, naming as defendants Homeworks and Moehl Millwork, Inc. The Johnsons acknowledge that the original notice—which was served on Homeworks and identified Homeworks as a...
VAITHESWARAN, J. We must decide whether the district court abused its discretion in admitting evidence in a legal malpractice action that an attorney smelled of alcohol during trial. I. Background Facts and Proceedings Attorney Gene Yagla represented Tim McCandless, Inc. and Swieter Aircraft Services, Inc. in a civil lawsuit filed against them. A money judgment was entered against McCandless and Swieter in that lawsuit. Shortly after the trial ended, Yagla entered a substance abuse...
DOYLE, J. MCI Worldcom Network Services, Inc. doing business as MCI Telecommunications Corporation (MCI) 1 appeals, and Melinda McKenzie cross-appeals, from a district court judicial review ruling affirming in part, reversing in part, and remanding the appeal decision of the workers' compensation commissioner on McKenzie's review-reopening petition. The dispositive question in this case is whether the agency erred in the standard it applied to determine McKenzie established her current...
VOGEL, P.J. Steven Blondino appeals from the district court's order denying his request to modify the child custody provisions of his and Mary Anne Blondino's dissolution decree. He asserts that the district court should have granted him physical care of the parties' three children. I. Background Facts and Proceedings Steven and Mary Anne's marriage was dissolved in July 2005. They have three children: Jonah (born in 1998), Cole (born in 2000), and Sophia (born in 2002). Pursuant to the...
EISENHAUER, J. Marlin Jackson appeals from the district court's denial of his application for postconviction relief. He contends his counsel was ineffective in failing to call additional alibi witness and in failing to cross-examine one of the State's witnesses. We review his claim de novo. See Ledezma v. State, 626 N.W.2d 134 , 141 (Iowa 2001). Jackson was charged with two counts of first-degree robbery stemming from an incident on the night of December 18, 2004, when two women were robbed...
HUITINK, S.J. I. Background Facts & Proceedings In 2003 U.S. West Communications Services, Inc., now known as Qwest Communications Federal Services, Inc. (Qwest), obtained a judgment in Colorado against Lawchek, Ltd. (Lawchek), now known as enlighten technologies, inc., for about $2 million, plus interest. In 2008 Qwest registered the judgment, then worth more than $3 million, in Iowa. In October 2008, Lawchek contacted Qwest in an effort to negotiate a settlement agreement for the debt....
VOGEL, P.J. Michael Jacoway appeals from the district court's order entering judgment in favor of Cottingham & Butler Insurance Services, Inc. and against Jacoway in the amount of $73,593.45. He argues (1) that the district court abused its discretion in denying his protective order regarding discovery and then sanctioning him for failing to comply with discovery; (2) the district court erred in denying his motion for summary judgment; and (3) the district court erred in assessing damages...
DOYLE, J. Defendant The Hoffman Agency, Inc. appeals the district court's denial of its motions for directed verdict. The Hoffman Agency, Inc. contends the district court erred in failing to direct a verdict against Monona County Mutual Insurance Association, arguing the evidence was insufficient to find: (1) the expirations list was a trade secret; (2) it misappropriated the alleged secret; (3) there was evidence from which Monona County Mutual Insurance Association could approximate damages;...
DOYLE, J. Primebank appeals from the district court order setting aside a default entered against Mortgage Electronic Registration Systems, Inc. and America's Wholesale Lender (collectively referred to as MERS). 1 Because we cannot say the district court abused its discretion in concluding MERS met the burden of establishing good cause based on excusable neglect under Iowa Rule of Civil Procedure 1.977 (2009), we affirm. I. Procedural Background. On May 1, 2009, Primebank 2 filed a...
DANILSON, J. Plaintiffs Carol J. Kramer, as trustee of her revocable trust, Allan Kramer, and Sioux Pharm, Inc. (collectively Sioux Pharm), sought to establish that Sioux Pharm's wastewater storage lagoon in Sioux County was exempt from county zoning regulations. The Sioux County Board of Adjustment disagreed, and the district court granted summary judgment in favor of the defendants. On appeal, Sioux Pharm argues that these decisions represent an erroneous interpretation of Iowa Code...
MANSFIELD, P.J. Plaintiff David Smith appeals the district court's grant of summary judgment to defendant Creston Municipal Utilities (CMU) on his claims of disability discrimination under the Iowa Civil Rights Act, see Iowa Code 216.6(1)(a) (2009), and retaliatory discharge in violation of public policy. We agree Smith failed to put forth a genuine issue of material fact that his work restrictions amounted to a disability or that he was terminated for retaliatory reasons. We therefore...
MANSFIELD, P.J. Michael Leo, in his capacity as the executor of the Estate of Rose Alessio, appeals the district court order discharging the conservator, First Community Trust, N.A. (FCT), and transferring the conservatorship assets without ordering a reimbursement for equity investments that decreased in value by $34,272.39. Michael contends the conservator made the investments without court approval, and therefore should be held liable for the loss that resulted. Michael also alleges the...
DANILSON, J. The jury found Dr. Phelan Thomas seventy-five percent at fault and the plaintiff, Sandy Corbin, twenty-five percent at fault in this dental malpractice case resulting from Dr. Thomas's prescription of, and Corbin's ingestion of amoxicillin, to which she is allergic. On appeal, Dr. Thomas contends causation was not proved and the district court erred in failing to grant a new trial. In the alternative, Dr. Thomas argues the court should have entered a remittitur. Because the jury'...
EISENHAUER, J. James Christensen appeals his conviction for second-degree sexual abuse by aiding or abetting another, arguing: (1) the evidence is insufficient to support his conviction; (2) the verdict is contrary to the weight of the evidence; (3) the court erred in excluding evidence; and (4) the court erred in not granting a mistrial. We affirm. I. Insufficient Evidence. Christensen, the chief of police, and Sickels, the assistant chief of police, were co-defendants at trial. A jury...
MANSFIELD, J. A credit card issuer challenges the dismissal of two separate small claims actions for failure to comply with Iowa Code section 537.5114 (2007). The lower courts ruled that section 537.5114 requires the creditor to provide the credit card user's entire transaction history dating back to when the account last had a zero balance. We disagree. We hold the creditor may comply with section 537.5114 in either of two ways. First, it may establish the prima facie elements of an account...
