771 N.W.2d 652 – Page 2

MBNA AMERICA BANK v. RICHARDS, 771 N.W.2d 652 (Iowa App. 2009)

MBNA America Bank, N.A. v. Richards. No. 07-1696.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Tama County, David Remley, Judge. Richards appeals from the district court order confirming an arbitration award. AFFIRMED. Allan M. Richards, Tama, pro se appellant. Piper Lori Hughes and Charles Litow of Litow Law […]

STATE v. BLYTHE, 771 N.W.2d 652 (Iowa App. 2009)

State v. Blythe. No. 08-1466.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Jasper County, Leo Oxberger, Judge. Michael Blythe appeals the sentence imposed following his guilty plea to first offense operating while intoxicated.AFFIRMED. Mark C. Smith, State Appellate Defender, and Martha J. Lucey, Assistant Appellate Defender, for appellant. […]

LAIR v. MOTOR INN OF SPIRIT LAKE, 771 N.W.2d 652 (Iowa App. 2009)

Lair v, Motor Inn of Spirit Lake, Inc. No. 08-0769.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Dickinson County, David A. Lester, Judge. The plaintiff appeals from the district court’s ruling denying him compensatory damages for repairs to his vehicle.AFFIRMED. Michael Bovee, Spencer, for appellant. Rene Lapierre, Sioux […]

STATE v. GUTKNECHT, 771 N.W.2d 652 (Iowa App. 2009)

State v. Gutknecht. No. 08-0883.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Black Hawk County, Joseph Moothart, District Associate Judge. Robert Gutknecht challenges the district court’s ruling amending its sentencing order to impose Iowa Code section 903B.2, a special sentencing provision for misdemeanor sex offenders. AFFIRMED. Robert Gutknecht, […]

INTERNATIONAL PAPER CO. v. BUEKER, 771 N.W.2d 652 (Iowa App. 2009)

International Paper Co., Inc. v. Bueker. No. 08-1536.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge. Employer and insurance carrier appeal the district court’s ruling on petition for judicial review affirming the commissioner’s award of workers’ compensation benefits.AFFIRMED. James M. Ballard and Rebecca […]

COOPER v. VENTLING, 771 N.W.2d 652 (Iowa App. 2009)

Cooper v. Ventling. No. 08-0767.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Madison County, Peter A. Keller, Judge. Appeal from the district court’s dismissal of a petition to vacate or modify a judgment. AFFIRMED. James Cook, West Des Moines, for appellant. Mark Hanson of Whitfield Eddy, Des Moines, […]

IN RE McCRADY, 771 N.W.2d 652 (Iowa App. 2009)

In re Marriage of McCrady. No. 08-1307.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Webster County, Joel Swanson, Judge. Christopher McCrady appeals from the district court’s refusal to modify the decree dissolving his marriage to Julie McCrady. AFFIRMED. Monty Fisher, Fort Dodge, for appellant. Kurt Pittner, Fort Dodge, […]

IN RE J.J., 771 N.W.2d 652 (Iowa App. 2009)

In re J.J. No. 09-0284.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge. A mother appeals from the district court’s order terminating her parental rights to her three children.AFFIRMED. Jennifer L. Oetker of Parrish, Kruidenier, Dunn, Boles, Gribble, Parrish, Gentry Fisher, […]

STATE v. HAWK, 771 N.W.2d 652 (Iowa App. 2009)

State v. Hawk. No. 08-1170.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Scott County, J. Hobart Darbyshire, Judge. Defendant alleges counsel was ineffective in failing to make specific objections concerning the sufficiency of the evidence. AFFIRMED. Mark C. Smith, State Appellate Defender, and David Arthur Adams, Assistant State […]

CLASING v. STATE FARM FIRE, 771 N.W.2d 652 (Iowa App. 2009)

Clasing v. State Farm Fire and Cas. Co. No. 08-1237.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Palo Alto County, Patrick M. Carr, Judge. Plaintiffs appeal the district court’s grant of summary judgment to defendant on their action alleging breach of an insurance contract. REVERSED AND REMANDED. Terry […]

STATE v. CURCE, 771 N.W.2d 652 (Iowa App. 2009)

State v. Curce. No. 07-0699.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Clinton County, Charles H. Pelton, Judge. Defendant appeals from judgment and sentence entered upon his conviction of third-degree sexual abuse.AFFIRMED. Mark C. Smith, State Appellate Defender, and Stephen J. Japuntich, Assistant Appellate Defender, for appellant. Thomas […]

DEERFIELD RETIREMENT v. BD. OF REV., 771 N.W.2d 652 (Iowa App. 2009)

Deerfield Retirement Community, Inc. v. Board of Review of Polk County. No. 08-0115.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. Appellant appeals the district court’s ruling denying its claim to be declared exempt from real estate taxation.AFFIRMED. Richard Lozier of Belin Law […]

STEWART v. ALL STATES QUALITY FOOD, 771 N.W.2d 652 (Iowa App. 2009)

Stewart v. All States Quality Foods, L.P. No. 07-1962.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Floyd County, Bryan H. McKinley, Judge. Highland Crusader Offshore Partners, L.P. appeals the district court’s judgment for plaintiff on his claims of breach of contract and intentional interference with a contract.AFFIRMED. Megan […]

STATE v. SHERIDAN, 771 N.W.2d 652 (Iowa App. 2009)

State v. Sheridan. No. 08-0803.Court of Appeals of Iowa. May 6, 2009. Appeal from the Iowa District Court for Woodbury County, John D. Ackerman, Judge. Ferlin Sheridan appeals his convictions, following jury trial, for burglary in the first degree, willful injury, and assault while participating in a felony. AFFIRMED. Mark C. Smith, State Appellate Defender, […]

M F LIVESTOCK v. MOHR, 771 N.W.2d 652 (Iowa App. 2009)

M F Livestock v. Mohr. No. 08-0872.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Carroll County, Ronald H. Schechtman, Judge. Appeal and cross-appeal from the district court’s rulings on a covenant not to compete, a misrepresentation claim, and the amount of a supersedeas bond. AFFIRMED IN PART AND […]

IN RE DRIESEN, 771 N.W.2d 652 (Iowa App. 2009)

In re Guardianship of Driesen. No. 08-1311.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Sioux County, Jeffrey A. Neary, Judge. Defendant appeals from the district court’s order regarding a trust amendment. AFFIRMED. Patrick O’Bryan, Des Moines, and Jeffrey Flagg, West Des Moines, for defendants-appellants. Debra S. De Jong […]

OSTREM v. HOME OPPR. MADE EASY, 771 N.W.2d 652 (Iowa App. 2009)

Ostrem ex rel. Ostrem v. Home Opportunities Made Easy, Inc. No. 08-1266.Court of Appeals of Iowa. May 29, 2009. Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge. Plaintiff appeals from a district court ruling granting summary judgment in favor of defendant. AFFIRMED. Jason D. Walke of Gunderson, Sharp Walke, […]