MAHAN, S.J. Peter Ludwig appeals from the economic provisions of the decree dissolving his marriage to Melissa Ludwig, claiming the property division is inequitable. He also appeals the district court's dismissal of his application for rule to show cause, arguing Melissa intentionally interfered with his visitation rights. Finally, he argues the district court abused its discretion in denying his request for trial attorney fees. Both parties request they be awarded their appellate attorney...
POTTERFIELD, J. Jerry Passehl appeals from a ruling assessing penalties against him and granting injunctive relief for violations of an administrative consent order and environmental protection laws. The district court did not err in entering partial summary judgment based upon Passehl's admissions of violations of the administrative consent order. We find no abuse of discretion in the assessment of penalties, and no error in the entry of injunctive relief. We therefore affirm. I. Background...
BOWER, J. Select Auto Group (Select Auto) appeals the district court ruling declining to issue a writ of mandamus. Select Auto argues the district court erred in: finding they had no right to challenge the City of Cedar Rapids's (City) authority to use eminent domain, failing to properly apply case law, finding Select Auto had waived its right to just compensation, determining the City provided constitutionally adequate notice, and failing to find the City did not strictly comply with eminent...
GOODHUE, S.J. The applicant, Joseph Leo Johnson, appeals from a ruling entered May 8, 2012, denying his request for postconviction relief. Johnson contends that he received ineffective assistance of counsel in three particular areas: (1) failing to object to prosecutorial misconduct, (2) withdrawing the applicant's notice of self defense and failing to present evidence or prepare the applicant for testimony relative to the issue of self-defense, and (3) failing to pursue the applicant's...
DANILSON, J. A mother appeals the termination of her parental rights to her four children. 1 Notwithstanding five years of services and nineteen months of out-of-home placement, the children are unable to return to their mother's care as the mother is unable to provide a safe home. We affirm. The mother complains of five evidentiary rulings of the juvenile court. However, she cites no authority to support her claim that the rulings were in error—we therefore find these issues waived. See...
DOYLE, P.J. Charles Harless, Paul Harless, and Rebecca Harless appeal from a district court ruling denying their motion for new trial following a jury verdict and judgment entry in their personal injury action against Eric Dunn and Connie Dunn, stemming from a motor vehicle accident that occurred in October 2008 in West Des Moines. 1 We affirm. The Harlesses' claims were submitted to a Polk County jury in September 2012. The jury returned a verdict in favor of Charles in the amount of $22,...
McDONALD, J. Jessica and Allen appeal a juvenile court order terminating their parental rights with A.M. They contend that the State failed to establish by clear and convincing evidence grounds for termination of their parental rights. Even if the State proved such grounds, they argue, it is not in the best interest of the child to terminate the rights between A.M. and Jessica and Allen. We conclude the State failed to establish by clear and convincing evidence grounds for termination of the...
MULLINS, J. Alta Vista Properties, LLC, the landlord, appeals the district court's order awarding summary judgment to Mauer Vision Center, P.C., the tenant. On appeal, Alta Vista argues its commercial lease with Mauer contains ambiguities; therefore, the district court should have considered its relevant extrinsic evidence. Alta Vista asserts the extrinsic evidence would have shown it had the implied right to access the leased property for the purpose of showing the property to a potential...
DECISION WITHOUT PUBLISHED OPINION Affirmed in part, Reversed in part, and Remanded for resentencing.
DECISION WITHOUT PUBLISHED OPINION Appeal Dismissed.
VAITHESWARAN, P.J. Elvis Musedinovic appeals the denial of his postconviction relief application. He contends his "criminal trial counsel was ineffective for failing to object to the State's misstatement of the law during the State's summation." He acknowledges that to establish his claim he must prove both the breach of an essential duty and prejudice. Strickland v. Washington, 466 U.S. 668 , 687 (1984). During closing argument, the prosecutor stated the following: There was nobody that...
HUITINK, S.J. I. Background Facts & Proceedings. The record in this case provides evidence of the following facts. Franklin Harris was charged with first-degree murder for the stabbing death of his girlfriend. Harris entered into a plea bargain with the State whereby he agreed to plead guilty and the State agreed to reduce the charge to second-degree murder. During the plea colloquy, the district court informed Harris a charge of second-degree murder was punishable by up to fifty years in...
SACKETT, S.J. C & B Manufacturing, Inc., d/b/a Hitchdoc (Hitchdoc), appeals from the ruling finding it breached its contract with Smith Machinery Co., Inc. (Smith Machinery) and awarding Smith Machinery $62,500 in damages, plus interest. It contends Smith Machinery breached the contract by providing a substandard product and failing to provide installation drawings for approval. Hitchdoc also contends the court erred in misapplying the parol-evidence rule. We find substantial evidence...
POTTERFIELD, J. Ag Air LTD appeals, and Terry and Erin Neville cross-appeal, from the district court's ruling in this equity action. Finding no reason to disturb the court's findings and judgment, we affirm on both appeals. I. Background Facts and Proceedings. Terry and Erin Neville filed a petition in equity challenging "the formation and execution of" a document entitled "Declaration and Contract of Trust . . . Ag Air LTD (A Private Contract Irrevocable Trust)," which contains a...
POTTERFIELD, P.J. Michael Sellers appeals from the district court's grant of summary judgment in favor of Interstate Power and Light Company, a/k/a Alliant Energy Corporation (Alliant). He argues the grant of this motion was improper as Alliant lost its right to enforce its agreement with him, Alliant would be unjustly enriched if allowed to recover, and that genuine issues of material fact exist to preclude summary judgment. We affirm, finding the ten-year statute of limitations for written...
DANILSON, J. Todd Wiese appeals from conviction of conspiracy to manufacture methamphetamine. Finding no abuse of discretion in the trial court's evidentiary ruling or in allowing a former co-defendant to testify, we affirm. I. Background Facts and Proceedings. At about 2:50 a.m. on April 1, 2012, an officer performed a traffic stop of a vehicle. Justin Weston was driving the car, the vehicle's owner, Emily Parker, was in the front passenger seat, Todd Wiese was sitting in the back seat...
POTTERFIELD, P.J. Vilaychith Khouanmany appeals from convictions of conspiracy to deliver a controlled substance, possession of a controlled substance with intent to deliver, and failure to possess a tax stamp. She challenges the sufficiency of the evidence of possession to support any of the convictions. She also asserts there is insufficient evidence of an agreement to deliver marijuana to sustain the conspiracy conviction. Because there is substantial evidence of possession, we affirm the...
HUITINK, S.J. Gatbel Chany filed an application for postconviction relief (PCR) asserting his trial counsel was ineffective in failing to file a motion in arrest of judgment and motion to withdraw his plea of guilty to three counts of second-degree robbery and one count of ongoing criminal conduct. The district court dismissed the action on the State's motion, finding no legal basis existed for the PCR. We review the court's ruling for errors at law. See Iowa R. App. P. 6.907. Iowa Code...
MULLINS, J. Sophia Freerking petitioned for modification of the decree establishing custody and visitation of her minor child with Zachary Preul. The court granted Sophia's request for sole legal custody of the child, but denied her request to terminate visitation with Zachary, who is incarcerated. On appeal, Sophia challenges the portion of the order relating to visitation. Because Sophia has not shown in-person visitation would likely harm the child, we affirm the portion of the court's...
