DANILSON, J. Cameo, the mother of the three children at issue here; and Andres, the mother's paramour and the putative father of the younger two children; appeal from the termination of their parental rights. Because statutory grounds for termination exist, termination is in the best interests of these children, and no mitigating factor weighs against termination, we affirm the parental rights of Cameo and Andres. I. Background. Cameo has had six children: the oldest (P.J.) was adopted by...
DANILSON, J. Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords 1 incurred no damages, the landlords are not entitled to forcible entry and detainer. I. Background Facts and Proceedings. George Mart previously owned the leased property at issue here-240 acres of farmland in Dickinson County. Dennis Mart, Thomas Mart, Cheryl Mart, and Mike Mart are the children of...
BOWER, J. The remainder beneficiaries of the Carl R. Hord Trust appeal from the district court ruling concluding they had conveyed their interests in the trust real estate to Lois Hord. They contend the spendthrift clause in Carl Hord's will prohibited any transfer or assignment of their individual shares prior to the distribution of property by the trustees. They further argue the transfers of their interests to Lois were invalid because they had contingent remainder rights in the trust...
VOGEL, P.J. The City of Davenport appeals from the district court's ruling on judicial review, affirming the award of workers' compensation benefits to former employee, Dick Newcomb. Newcomb cross-appeals the denial of penalty benefits under Iowa Code section 86.13 (2007). We affirm the agency's refusal to take additional testimony from the City's doctor at a follow-up hearing requested by the deputy commissioner to determine the credibility of the claimant and his wife. We also affirm the...
VOGEL, P.J. The State seeks discretionary review of a ruling granting Mark Thompson's motion to suppress evidence of chemical test results for intoxication. Although the calibration record for the preliminary breath test (PBT) device did not contain an explanation of the "value and type of standard used," the PBT's use as a screening device was in substantial compliance with the applicable statutes and administrative rules. As such, the evidence from the subsequent DataMaster 1 test, showing...
DANILSON, J. The McNeals appeal from the district court's order granting summary judgment to defendant St. Luke's Hospital. Crystal McNeal, a pediatric patient at St. Luke's, underwent ear surgery on September 25, 2007. 1 While Crystal was in the operating room, a pediatric nurse entered her room to change the sheets and make her bed. The nurse noticed a teddy bear, attached by a necklace, on the side rail of the bed touching the floor. The nurse re-positioned the bear by hanging it by the...
EISENHAUER, C.J. The mother of A.G.P., A.A.P., and K.M.P appeals from the order terminating her parental rights. 1 The mother contends the State did not prove the statutory grounds for termination and termination is not in the best interests of the children. On our de novo review, see In re D.W., 791 N.W.2d 703 , 706 (Iowa 2010), we affirm. The children were adjudicated in need of assistance in June 2009 because of neglect and parental substance abuse, coupled with domestic violence in...
BOWER, J. Randy, the father of C.S., A.S., B.S., E.S., and D.S., appeals from the order terminating his parental rights to the children. 1 He contends the evidence does not support any of the statutory grounds, termination is not in the children's best interest, and the court erred in denying his motion for new trial. We affirm. I. Background Facts and Proceedings. Following founded child protective assessments in September 2009, voluntary services were provided to the family by the...
