KREMENAK v. STEINER CONSTR., 776 N.W.2d 301 (Iowa App. 2009)

Kremenak v. Steiner Construction. No. 09-0428.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Linn County, Sean W. McPartland, Judge. A workers’ compensation claimant appeals from a review-reopening decision denying additional permanent partial disability benefits. REVERSED AND REMANDED. Thomas Wertz of Wertz Dake, P.C., Cedar Rapids, for appellant. John […]

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ZEMKE v. ZEMKE, 776 N.W.2d 301 (Iowa App. 2009)

Zemke v. Zemke. No. 08-2054.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Buena Vista County, John P. Duffy, Judge. Appellant appeals from the district court’s ordering specific performance of a contract to purchase.AFFIRMED. Andrew Howie of Hudson, Mallaney Shindler, P.C., West Des Moines, for appellant. David P. Jennett […]

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HOFFMAN v. CARLOCK, 776 N.W.2d 301 (Iowa App. 2009)

Hoffman v. Carlock. No. 08-1883.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court Peter B. Newell, District Associate Judge. AFFIRMED. David Johnson of Brinton, Bordwell Johnson, Clarion, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, Kasey E. Wadding, County Attorney, and Jill Dashner, Assistant County Attorney, […]

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KEENE v. BRENNAN, 776 N.W.2d 301 (Iowa App. 2009)

Keene v. Brennan. No. 08-1324.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Bremer County, John S. Mackey, Judge. Two expelled bar owners contend that a district court’s award of damages in their favor inadequately represents their financial interest in the bar. AFFIRMED. John Hofmeyer, Oelwein, for appellant. Lana […]

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MERCY MEDICAL CENTER v. PLUMB, 776 N.W.2d 301 (Iowa App. 2009)

Mercy Medical Center v. Plumb. No. 08-1688.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge. An employer appeals the district court’s affirmance of a workers’ compensation award, contending that the claimant’s injury did not arise out of her employment; it also contests the […]

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STATE v. TROGE, 776 N.W.2d 301 (Iowa App. 2009)

State v. Troge. No. 08-2029.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge. Defendant appeals his conviction for operating while intoxicated, second offense. REVERSED AND REMANDED. David Johnson of Brinton, Bordwell Johnson, Clarion, for appellant. Thomas J. Miller, Attorney General, Kevin […]

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STATE v. PETTENGILL, 776 N.W.2d 301 (Iowa App. 2009)

State v. Pettengill. No. 08-1735.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Linn County, Casey D. Jones, District Associate Judge. A defendant appeals her conviction of operating while intoxicated, second offense. REVERSED AND REMANDED. Robert Rehkemper and Matthew T. Lindholm of Gourley, Rehkemper Lindholm, P.L.C., Des Moines, for […]

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LARSEN v. CITY OF REINBECK, 776 N.W.2d 301 (Iowa App. 2009)

Larsen v. City of reinbeck. No. 09-0163.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Grundy County, Jon C. Fister, Judge. Plaintiffs appeal the decision of a district court to grant a motion for summary judgment in favor of a city, contending that the city was not immune from […]

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IN RE C.T., 776 N.W.2d 301 (Iowa App. 2009)

IN re C.T. No. 09-0734.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Polk County, Joe E. Smith, District Associate Judge. A father appeals the termination of his parental rights to his three children. AFFIRMED. Amanda Demichelis of Demichelis Law Firm, Chariton, for appellant father. Katherine Daman, Norwalk, for […]

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STATE v. GEAR, 776 N.W.2d 301 (Iowa App. 2009)

State v. Gear. No. 08-1620.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Poweshiek Michael, County R. Stewart, District Associate Judge. Appeal from the denial of a motion to dismiss, claiming the Iowa Code section 123.46(2) is unconstitutional.AFFIRMED. Dennis McKelvie and Denise McKelvie Gonyea of McKelvie Law Office, Grinnell, […]

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DELISLE v. DELISLE, 776 N.W.2d 301 (Iowa App. 2009)

DeLisle v. DeLisle. No. 09-0093.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. Appellant appeals the entry of a final domestic abuse protective order pursuant to Iowa Code section 236.3 (2009).REVERSED. Anthony DeLisle Sr., Des Moines, pro se. Melissa DeLisle, Des Moines, pro […]

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CLINTON v. MORROW, 776 N.W.2d 301 (Iowa App. 2009)

Clinton v. Morrow. No. 09-0268.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Tama County, Thomas L. Koehler, Judge. Matthew Clinton appeals from the district court order granting physical care of the parties’ child to Rachel Ann Morrow. AFFIRMED. Reyne L. See of Johnson, Sudenga, Latham, Peglow O’Hare, P.L.C., […]

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IN RE VASKE, 776 N.W.2d 301 (Iowa App. 2009)

In re Vaske. No. 08-1922.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Tama County, Fae Hoover-Grinde, Judge. Bradley James Smith appeals from an order in a paternity action. AFFIRMED AS MODIFIED. Kevin Engels of Correll, Sheerer, Benson, Engels, Galles Demro, P.L.C., Cedar Falls, for appellant. Melissa Nine of […]

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STATE v. MADRIGAL, 776 N.W.2d 301 (Iowa App. 2009)

State v. Madrigal. No. 08-1623.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Muscatine County, Marlita A. Greve, Judge. Defendant appeals his conviction resulting from his plea of guilty to identity theft. AFFIRMED. Daniel Vondra, Iowa City, for appellant. Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, […]

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WILIAN HOLDINGS CONST. v. RICE, 776 N.W.2d 301 (Iowa App. 2009)

Wilian Holdings Const. Products, Inc. v. Rice. No. 08-1964.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge. An employer appeals a ruling affirming a workers’ compensation award of penalty benefits to an employee, contending the penalty benefit award was erroneous and unsupported by […]

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IN RE TRIMBLE, 776 N.W.2d 301 (Iowa App. 2009)

In re Marriage of Trimble. No. 08-01247.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Black Hawk County, Bradley John Harris, Judge. John Trimble appeals the district court’s denial of his application to modify his child support obligation established in the decree dissolving his marriage to Renee Trimble.AFFIRMED. David […]

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PENISKA v. DAVITA, 776 N.W.2d 301 (Iowa App. 2009)

Peniska v. Davita, Inc. No. 09-0177.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Polk County, Richard G. Blane II, Judge. Vaughnelle Peniska appeals from the district court’s order granting defendant’s motion for summary judgment.AFFIRMED. Harley C. Erbe of Erbe Law Firm, Des Moines, for appellant. Heidi A. Guttau-Fox […]

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IN RE P.L., 776 N.W.2d 301 (Iowa App. 2009)

In re P.L. No. 09-1036.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge. A father appeals the termination of his parental rights to his child. REVERSED. Matthew R. Metzgar of Rhinehart Law, P.C., Sioux City, for appellant father. Thomas J. Miller, Attorney General, […]

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IN RE McCARVILLE, 776 N.W.2d 301 (Iowa App. 2009)

In re marriage of McCarville. No. 08-2050.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Humboldt County, Thomas J. Bice, Judge. Joseph B. McCarville appeals from an order modifying the decree dissolving his marriage to Joyce A. McCarville.AFFIRMED. William H. Habhab, Fort Dodge, for appellant. Marcy Lundberg, Fort Dodge, […]

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IN RE TUCKER, 776 N.W.2d 301 (Iowa App. 2009)

In re Marriage of Tucker. No. 09-0008.Court of Appeals of Iowa. September 17, 2009. Appeal from the Iowa District Court for Mills County, Charles L. Smith, Judge. James Tucker appeals from the district court’s award of alimony. Therese Tucker cross-appeals from the district court’s award of alimony and seeks appellate attorney fees.AFFIRMED. Jon E. Heisterkamp, […]

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