Kueter v. Merrick. No. 08-0579.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Dubuque County, Alan L. Pearson, Judge. Plaintiff appeals the district court?s summary judgment ruling finding (1) that her amended petition did not relate back to the original petition under Iowa Rule of Civil Procedure 1.402(5) and […]
Articles Tagged: 759 N.W.2d 813
STATE v. ALBERTSEN, 759 N.W.2d 813 (Iowa App. 2009)
State v. Albertsen. No. 08-0094.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Woodbury County, John C. Nelson, District Associate Judge. Defendant appeals from judgment entered upon his conviction for possession of marijuana. AFFIRMED. Mark C. Smith, State Appellate Defender, and E. Frank Rivera, Assistant Appellate Defender, for appellant. […]
IN RE MARRIAGE OF REICKS, 759 N.W.2d 813 (Iowa App. 2009)
In Re Marriage of Reicks. No. 07-1163.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Chickasaw County, John C. Bauercamper, Judge. Janette Reicks appeals from the denial of her petition for modification of her modified dissolution decree seeking a change in the physical placement of the three children. AFFIRMEDAS […]
HAYNES v. KARL CHEVROLET, INC., 759 N.W.2d 813 (Iowa App. 2009)
Haynes v. Karl Chevrolet, Inc. No. 08-0386.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Polk County, Robert A. Hutchinson, Judge. Plaintiff appeals from the order granting summary judgment on his constructive discharge claim against a former employer.AFFIRMED. Robert A. Wright, Jr., of Wright Wright, Des Moines, for appellant. […]
RUTUES v. STATE, 759 N.W.2d 813 (Iowa App. 2009)
Rutues v. State. No. 08-0027.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Polk County, Robert B. Hansen, Judge. Postconviction relief petitioner appeals the district court’s grant of the State’s motion for summary judgment.AFFIRMED. Erin M. Carr of Carr Wright, P.L.C., Des Moines, for appellant. Thomas J. Miller, Attorney […]
IN INTEREST OF K.S.J., 759 N.W.2d 813 (Iowa App. 2009)
K.S.J. In Re. No. 08-0529.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Des Moines County, Michael Dieterich, District Associate Judge. A mother appeals the district court’s order terminating her parental rights to her daughter. AFFIRMED. Andrew Hoth of Hoth Law Offices, Burlington, for appellant mother. Scott Schroeder, Burlington, […]
IN RE NIELSEN, 759 N.W.2d 813 (Iowa App. 2009)
IN RE ESTATE OF NIELSEN. No. 07-2163.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Woodbury County, Michael Walsh, Judge. Carol Swanson appeals from the district court’s order denying her motion to surcharge an estate executor, granting the executor and attorney extraordinary fees, deducting the extraordinary fees from Swanson’s […]
STATE v. GARRIDO, 759 N.W.2d 813 (Iowa App. 2009)
State v. Garrido. No. 07-1616.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Black Hawk County, Todd A. Geer, Judge. Gregorio Toves Garrido Jr. appeals following his convictions and sentences on charges of kidnapping in the first degree and sexual abuse in the second degree. AFFIRMED IN PART ANDVACATED […]
MOORE v. STATE, 759 N.W.2d 813 (Iowa App. 2009)
Moore v. State. No. 07-1216.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Scott County, Marlita A. Greve, Judge. Applicant appeals the district court decision denying his request for postconviction relief. AFFIRMED. Robert A. Phelps, Bettendorf, for appellant. Leonard W. Moore, Anamosa, appellant pro se. Thomas J. Miller, Attorney […]
PELLA CORPORATION v. FRANKS, 759 N.W.2d 813 (Iowa App. 2009)
Pella Corp. v. Franks. No. 08-0222.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Polk County, Carla T. Schemmel, Judge. Employer appeals from the district court’s ruling on its petition for judicial review affirming the workers’ compensation commissioner’s award of mental health treatment benefits to employee. AFFIRMED. David L. […]
IN INTEREST OF M.D.S., 759 N.W.2d 813 (Iowa App. 2009)
M.D.S. In re. No. 08-0840.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Lucas County, John D. Lloyd, Judge. Parents appeal from the order terminating their parental rights to three children. AFFIRMED. Roberta Chambers of Chambers Relph Law Firm, P.C., Corydon, for appellant mother J.D. Amanda Demichelis of Demichelis […]
STATE v. ROWLEY, 759 N.W.2d 813 (Iowa App. 2009)
State v. Rowley. No. 07-0168.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Hamilton County, William J. Pattinson, Judge. Defendant appeals his sentences for the crimes of second-degree murder and willful injury and the denial of his claim for postconviction relief. AFFIRMED. Patrick C. Peters of Payer, Hunziker, Rhodes […]
IN INTEREST OF S.D.B., 759 N.W.2d 813 (Iowa App. 2009)
S.D.B. In re. No. 08-1334.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Carroll County, James A. McGlynn, Associate Juvenile Judge. The mother and father of four children appeal from the juvenile court’s order terminating their parental rights.AFFIRMED. Joel Baxter of Beverly Wild Law Office, P.C., Guthrie Center, for […]
THRASH v. ABBE CTR. FOR COMM. MENTAL HEALTH, 759 N.W.2d 813 (Iowa App. 2009)
Thrash v. Abbe Ctr. For Comm. Mental Health Inc. No. 07-1961.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Linn County, Thomas L. Koehler, Judge. Defendants appeal the district court’s denial of their motions to dismiss asserting plaintiffs failed to meet Iowa’s ninety-day service requirement. REVERSED AND REMANDED. Richard […]
IN RE McKENZIE, 759 N.W.2d 813 (Iowa App. 2009)
IN RE MARRIAGE OF McKENZIE. No. 08-0123.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. Petitioner appeals from the district court’s decree of modification which requires him to pay a postsecondary education subsidy. AFFIRMED. Gregory N. Lohr of Baron, Sar, Goodwin, Gill Lohr, […]
STATE v. KELLEY, 759 N.W.2d 813 (Iowa App. 2009)
State v. Kelley. No. 06-1356.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Scott County, Douglas C. McDonald, District Associate Judge. Defendant appeals his conviction for assault with intent to commit sexual abuse. AFFIRMED. Mark C. Smith, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellant. Thomas […]
IN RE MARRIAGE OF DAY, 759 N.W.2d 813 (Iowa App. 2009)
In Re Marriage of Day. No. 07-1847.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Humboldt County, Kurt L. Wilke, Judge. Kenneth Day appeals from the property division provisions of the decree dissolving the parties’ marriage, and Kristi Day cross-appeals from the district court’s denial of her request for […]
STATE v. ALATORRE, 759 N.W.2d 813 (Iowa App. 2009)
State v. Alatorre. No. 07-0950.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. Francisco Alvarez Alatorre appeals following conviction and sentence for possession of a controlled substance with intent to deliver and failure to possess a tax stamp. AFFIRMED. Mark C. Smith, State […]
IN RE MARRIAGE OF ROBERTS, 759 N.W.2d 813 (Iowa App. 2009)
In Re Marriage of Roberts. No. 07-0515.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Buena Vista County, John P. Duffy, Judge. Petitioner appeals the district court decision denying his motion to modify the temporary child support order.AFFIRMED. Eric Borseth and Judy Johnson of Borseth Law Office, Altoona, for […]
PONGDARA v. EMPLOYMENT APPEAL BOARD, 759 N.W.2d 813 (Iowa App. 2009)
Pongdara v. Employment Appeal Bd. No. 08-0789.Court of Appeals of Iowa. October 29, 2008. Appeal from the Iowa District Court for Woodbury County, Duane E. Hoffmeyer, Judge. Petitioner seeks judicial review of the district court’s decision affirming the Employment Appeal Board’s final decision denying her unemployment benefits. AFFIRMED. Jennifer H. Cerutti of Iowa Legal Aid, […]