Articles Tagged: 756 N.W.2d 48

Cepelak v. Sears. No. 07-0153.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Hardin County, Carl D. Baker, Judge. This appeal involves two related nuisance cases arising out of junk yard nuisances present at two locations in the town of Union, Iowa. AFFIRMED. Jim Sween of Sween Tilton, P.C., […]

Luckritz v. City of Camanche. No. 07-1101.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Clinton County, Gary D. McKenrick, Judge. Patrick Luckritz appeals from the ruling appealing his termination as a City of Camanche police officer.AFFIRMED. Pamela Walker of Sherinian Walker, P.C., West Des Moines, for appellant. Mary […]

Zortman v. Linder. No. 06-1215.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge. John Zortman appeals from the dismissal of his action for declaratory judgment, injunction, writ of mandamus, and damages against defendants following the suspension of his license to practice pharmacy. APPEAL […]

Wiebbecke v. Benton County Bd. of Sup’rs. No. 06-1672.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Benton County, Kristin L. Hibbs, Judge. The petitioner appeals from the district court’s review upholding the Benton County Board of Adjustment’s zoning decision. AFFIRMED. Kenneth Dolezal, Cedar Rapids, for appellant. David Thompson, […]

State v. Aceves-Hernandez. No. 07-0830.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Woodbury County, Michael S. Walsh, Judge. Lucio Trinidad Aceves-Hernandez appeals his sentence following his written guilty plea for identity theft. AFFIRMED. Robert Green, Sioux City, for appellant. Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney […]

State v. Barger. No. 07-0694.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Linn County, Michael J. Newmeister, Judge. Tisha Carol Barger appeals the judgment and sentence entered following her conviction of false reports. AFFIRMED. Mark C. Smith, State Appellate Defender, and Shellie Knipfer, Assistant Appellate Defender, for appellant. […]

In re Marriage of Krause. No. 07-1069.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Polk County, Gregory A. Hulse, Judge. Husband appeals and wife cross-appeals the economic provisions of the court’s dissolution decree. AFFIRMED. Robert A. Nading II of Nading Law Firm, Ankeny, for appellant. Alexander R. Rhoads […]

In re Marriage of Smith. No. 07-1253.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Marshall County, Timothy J. Finn, Judge. Jodi Smith appeals the trial court’s order granting Scott Smith’s petition to modify the custody provisions of the parties’ dissolution decree and denying her counterclaim to modify the […]

Goodenough v. State. No. 07-0854.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Linn County, Marsha Bergan, Judge. Applicant appeals the dismissal of his action seeking postconviction relief on the grounds he received ineffective assistance of counsel and there is newly-discovered evidence.AFFIRMED. Dennis J. Naughton, Marion, for appellant. Thomas […]

Sales v. Schellin. No. 06-1350.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Johnson County, David M. Remley, Judge. A seller appeals from a district court ruling ordering specific performance of a real estate contract and awarding the plaintiffs attorney fees. AFFIRMED AND REMANDED. Detlef Schellin, Merritt Island, Florida, […]

Sanders v. State. No. 07-0366.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Employee appeals from a district court judicial review decision affirming the decision of the classification appeal committee denying her request for reclassification of her position.AFFIRMED. Nathaniel R. Boulton of Hedberg […]

Seskis v. CLC Healthcare, Inc. No. 06-0698.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge. Employer appeals and employee cross-appeals from a district court judicial review decision affirming the workers’ compensation commissioner’s award of workers’ compensation benefits. AFFIRMED. Aaron T. Oliver of Hansen, […]

Lysenko v. Jensen. No. 07-1282.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Black Hawk County, Bruce E. Zager, Judge. The Lysenkos appeal the district court’s denial of their request for injunctive relief. REVERSED AND REMANDED. Timothy Luce of Anfinson Luce, Waterloo, for appellant. Henry J. Bevel III and […]

State v. Van Heiden. No. 07-0768.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Fayette County, George L. Stigler (motion to suppress) and John Bauercamper (trial), Judges. Dale Van Heiden appeals from his conviction for possession of a controlled substance, third offense. AFFIRMED. Mark C. Smith, State Appellate Defender, […]

Fuhrmann v. Majors. No. 07-1531.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Linn County, Douglas S. Russell, Judge. Insurance company appeals the district court’s award of $100,000 under policy’s underinsured motorist endorsement.REVERSED AND REMANDED. Ted J. Wallace, Davenport, for appellant. Matthew G. Novak and Thad J. Collins of […]

State v. Williams. No. 07-1401.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Lawrence Jay Williams appeals from his conviction of first-degree robbery. AFFIRMED. Mark C. Smith, State Appellate Defender, and David Adams, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, […]

In re Marriage of Eubank. No. 07-0970.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Warren County, William H. Joy, Judge. Keith Eubank appeals and Cynthia Eubank cross-appeals from the decree dissolving their marriage. AFFIRMED AS MODIFIED. William W. Graham of Graham Ervanian, P.C., Des Moines, for appellant. Leslie […]

In re Marriage of Schiltz. No. 07-2056.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Polk County, Arthur A. Gamble, Judge. The respondent appeals from the district court’s order denying his petition to modify the child custody provision of a dissolution decree. AFFIRMED. Michael Oliver of Oliver Law Firm, […]

Conrad v. Iowa Cent. Community College. No. 07-0818.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Webster County, Joel E. Swanson, Judge. Mary Conrad appeals the district court’s grant of a motion for directed verdict in favor of the defendants. She also challenges an evidentiary ruling. AFFIRMED IN PART, […]

Baugh v. Waterloo Bd. of Adjustment. No. 06-1524.Court of Appeals of Iowa. July 16, 2008. Appeal from the Iowa District Court for Black Hawk County, Todd A. Geer, Judge. The Waterloo Board of Adjustment appeals from the district court’s order sustaining Earl Baugh’s petition for writ of certiorari. AFFIRMED. Timothy C. Boller of Dunakey Klatt, […]