Articles Tagged: 734 N.W.2d 486

Walter v. Grinnell Mut. Reinsurance Co. No. 06-0310.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Cerro Gordo County, James M. Drew, Judge. Plaintiff appeals from the district court’s grant of summary judgment for defendant in his third-party bad faith suit.AFFIRMED. Vance Jorgensen of Vance Jorgensen Law Firm, Mason […]

State v. Gunther. No. 06-0018.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Pottawattamie County, Timothy O’Grady, Judge. Michael Gunther appeals his conviction for second-degree murder. AFFIRMED. Patricia Reynolds, Acting State Appellate Defender, and Shellie L. Knipfer and Dennis D. Hendrickson, Assistant Appellate Defenders, for appellant. Thomas J. Miller, […]

In re Marriage of Runyan. No. 06-1115.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Black Hawk County, Jon C. Fister, Judge. Samuel R. Runyan appeals and Sandra J. Runyan cross-appeals challenging the economic provisions of the decree dissolving their long-term marriage. AFFIRMED AS MODIFIED ON APPEAL;AFFIRMED ON CROSS-APPEAL. […]

Soifer v. Floyd County Bd. of Review. No. 05-1641.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Floyd County, John S. Mackey, Judge. Taxpayers and property owner appeal from a district court order dismissing their appeals from the board of review’s assessments of their property. REVERSED. Judith O’Donohoe of […]

Anfinson v. State. No. 06-0076.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. Heidi Anfinson appeals the district court’s denial of her application for postconviction relief. AFFIRMED. Alfredo Parrish and Brandon Brown of Parrish, Kruidenier, Moss, Dunn, Boles, Gribble, and Cook, L.L.P., Des […]

Batinich v. Renander. No. 05-1969.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Johnson County, Denver D. Dillard, Judge. Plaintiff appeals from the district court order establishing his ownership interest in a real estate venture.AFFIRMED. David Brown and Alison Smith of Hayek, Hayek, Brown, Moreland Hayek, L.L.P., Iowa City, […]

Union Planters, NA v. Fitzpatrick. No. 06-0241.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Black Hawk County, K.D. Briner, Judge. The plaintiff appeals the district court’s orders granting leave to amend the defendants’ answer and dismissal of the petition as brought beyond the statute of limitations for the […]

State v. Shipley. No. 06-0051.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Des Moines County, Michael Dieterich, District Associate Judge. Defendant appeals from the denial of his motion in limine and subsequent conviction and sentence of driving under revocation.REVERSED AND REMANDED. Richard A. Bartolomei of Bartolomei Lange, P.L.C., […]

Miulli v. Iowa Bd. of Medical Examiners. No. 06-0622.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. Miulli appeals from the district court’s ruling on judicial review affirming the Board’s denial of his request to rescind restrictions placed on his medical license. AFFIRMED. […]

Doe v. Iowa Dist. Court for Scott County. No. 06-0696.Court of Appeals of Iowa. March 28, 2007. Certiorari to the Iowa District Court for Scott County, Gary McKenrick Judge. Petition for writ of certiorari challenging the district court’s dismissal of her petition for an order of protection.WRIT SUSTAINED AND REMANDED. James L. Ottesen, Davenport, for […]

In re Marriage of Loutsch. No. 06-0554.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Warren County, Darrell J. Goodhue, Judge. Elena Loutsch appeals from the economic provisions of the decree dissolving her marriage. AFFIRMED. Ta-Yu Yang, Des Moines, for appellant. Louis Fusco of Wilson, Flwler Fusco, Indianola, for […]

State v. Holmes. No. 06-0708.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Black Hawk County, James C. Bauch, Judge. Defendant appeals his convictions on four counts of forgery.AFFIRMED. Patricia Reynolds, Acting Appellate Defender, and Theresa R. Wilson, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Thomas […]

In re Marriage of Fleck. No. 06-0980.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Woodbury County, James D. Scott, Judge. Respondent appeals the division of property in the parties’ dissolution decree. AFFIRMED. Bradford Kollars and Michele M. Lewon of Kollars Lewon, Sioux City, for appellant. R. Scott Rhinehart […]

O’Haver v. Moore. No. 06-0619.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Linn County, Denver D. Dillard, Judge. The Moores appeal from the district court’s grant of the O’Havers’ partial summary judgment motion and the subsequent finding that the O’Havers were entitled to specific performance.AFFIRMED. Michael Fay, Cedar […]

State v. Aswegan. No. 06-0887.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Polk County, James D. Birkenholz, Judge. Defendant appeals from his conviction and sentence for operating while intoxicated, first offense. AFFIRMED. Robert G. Rehkemper of Gourley, Rehkemper Lindholm, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney […]

Elliott v. Ament. No. 05-1494.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Dubuque County, Monica Ackley, Judge. Plaintiffs appeal the district court’s dismissal of their tort action against defendants. AFFIRMED. Paul T. Jensen of Hammer, Simon Jensen, Dubuque, for appellants. Gene Yagla of Yagla, McCoy Riley P.L.C., Waterloo, […]

Wyatt v. Iowa Dept. of Human Services. No. 06-0351.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Johnson County, Douglas S. Russell, Judge. The respondent appeals from the district court’s order on judicial review. REVERSED. Thomas J. Miller, Attorney General, and John Lundquist, Assistant Attorney General, for appellants. Vernon […]

Indian Hills Community College v. Indian Hills Booster Club. No. 06-0392.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Appanoose County, Annette J. Scieszinski, Judge. Indian Hills Community College appeals from the ruling granting summary judgment and dismissing its claims against Charles C. Talbot. AFFIRMED. John Moreland, Ottumwa, and […]

In re Marriage of Eisbrenner. No. 06-1370.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Jasper County, Dale B. Hagen, Judge. The petitioner appeals, and the respondent cross-appeals, following the entry of the decree dissolving their marriage.AFFIRMED. Dennis Chalupa of Brierly Charnetski, L.L.P., Newton, for appellant/cross-appellee. Eric Borseth of […]

Caveman Adventures, UN, Ltd. v. U.S. Cellular. No. 06-0933.Court of Appeals of Iowa. March 28, 2007. Appeal from the Iowa District Court for Johnson County, David M. Remley, Judge. Plaintiffs appeal the district court’s directed verdict and jury verdict against them. AFFIRMED. Patrick O’Bryan, Des Moines, for appellants. Rebecca Dublinske of Dickinson, Mackaman, Tyler, Hagen, […]