UPDATES & ANALYSIS

Iowa Court of Appeals September 2023 Published Opinion Roundup

by Matt McGuire | December 4, 2023

The Iowa Court of Appeals selects certain opinions for publication within the North Western Reporter. In September 2023, the Court of Appeals selected six opinions for publication, summarized below:

State v. Phillips, No. 22-0659

Opinion date: March 29, 2023

On appeal from Iowa District Court for Black Hawk County

Issues:

• Whether the district court abused its discretion by imposing a prison term instead of suspending it.
• Whether the district court erroneously believed it had no discretion to suspend the fine on the serious misdemeanor charge of assault causing bodily injury, leading to an abuse of discretion.

The Court of Appeals affirmed the sentences given to Ashanti Phillips for theft in the first degree, assault with a dangerous weapon, and assault causing bodily injury. Phillips argued that the district court abused its discretion in imposing a prison term and in not suspending the fine for the serious misdemeanor charge. The Court of Appeals found that the district court had appropriately considered mitigating factors such as Phillips’ family circumstances, employment, and lack of criminal history in its sentencing determination. The Court noted that the district court was not required to specifically acknowledge each mitigating factor claimed by the defendant, as long as relevant factors are considered. Regarding the fine, the court referred to State v. Ayers and Iowa Code section 903.1(1), which indicates that fines for serious misdemeanors cannot be suspended, thereby concluding that the district court did not abuse its discretion as it had no authority to suspend the fine. Judge Paul Ahlers authored the opinion of a unanimous panel.

Shri Lambodara, Inc. v. Parco LTD, No. 22-0993

Opinion date: May 10, 2023

On appeal from Iowa District Court for Black Hawk County

Issues:

• Whether a covenant between adjoining landowners granting pedestrian and vehicular access between their lots had expired.
• Whether the district court erred in dismissing Parco LTD’s counterclaims for trespass and an injunction.

The Court of Appeals of Iowa affirmed the district court’s grant of summary judgment to Shri Lambodara, Inc. The case involved a dispute between Shri Lambodara, Inc. and Parco LTD, two adjoining landowners, over a covenant granting pedestrian and vehicular access between their lots. Parco LTD argued that the covenant was an expired negative easement, whereas Shri Lambodara, Inc. maintained it was a permanent easement. The Court held that the covenant did not expire because it was an easement and not a use restriction, based on the 2014 statutory amendments to Iowa Code section 614.24(5)(a). The Court’s decision was supported by the covenant’s plain language and the structure of the document. The Court also dismissed Parco LTD’s counterclaims, noting that because the covenant operated as an easement, Parco’s allegations of trespass lacked merit. Judge Tyler Buller authored the opinion of a unanimous panel.

Vreeman v. Jansma, No. 22-1365

Opinion Date: June 21, 2023

On appeal from Iowa District Court for Sioux County

Issue:

• Whether Iowa Code chapter 673 (2021) provides statutory immunity from a personal injury claim arising from a neighbor’s attempt to assist with standing up a downed heifer.

The Iowa Court of Appeals reversed the district court’s grant of summary judgment, which had been based on statutory immunity for domesticated animal activity under Iowa Code chapter 673 (2021). The case stemmed from an incident where the plaintiff, Jerry Vreeman, sustained a serious leg injury while helping the defendant, Carl Jansma, stand up a downed heifer. The district court found that Jansma was immune from suit pursuant to Iowa Code chapter 673.

The Court of Appeals, however, found that the activity of standing up a downed heifer did not fall under the definition of “domesticated animal activity” as specified in the statute. The Court noted that the statute provides a finite list of covered activities and concluded that Jansma’s activity did not fit into any of these categories. Therefore, the Court determined that Jansma was not immune from liability, reversing the district court’s decision and remanding for further proceedings. Judge Mary Chicchelly authored the opinion of a unanimous panel.

Avery v. Iowa Department of Human Services, No. 22-1012

Opinion Date: July 13, 2023

On appeal from Iowa District Court for Polk County

Issue:

• Whether the district court erred in granting summary judgment on claims of sex and sexual-orientation discrimination.

The Iowa Court of Appeals affirmed the district court’s grant of summary judgment in favor of defendants Iowa Department of Health and Human Services and Michael McInroy. Beth Avery, the plaintiff, had alleged sex and sexual-orientation discrimination following her termination from the Department in 2016. The Court of Appeals found that while the summary judgment record indicated Avery had established a prima facie case of discrimination, the Department provided a legitimate, nondiscriminatory reason for her termination. The Department had concluded that Avery failed to follow the Department’s policies and procedures for supervising social workers following an investigation into a case involving a child’s death and terminated her on that basis. Avery was unable to demonstrate that the Department’s stated reason was pretextual and that the actual motivation for termination was discriminatory. The Court emphasized the need for substantial evidence to show pretext in discrimination cases and found that Avery’s allegations, including those about McInroy’s bias, did not establish a material issue of fact regarding pretext. Chief Judge Thomas Bower authored the opinion of a unanimous panel.

In re Marriage of Sherwood, No. 22-1591

Opinion Date: July 13, 2023

On appeal from Iowa District Court for Dallas County

Issue:

• Whether the district court’s $1000 per month award of temporary spousal support was appropriate under the circumstances.

The Iowa Court of Appeals affirmed the district court’s order requiring Robert Sherwood to pay temporary spousal support to Laura Sherwood during their marriage dissolution proceedings. Robert Sherwood had appealed the order, arguing that the district court failed to do equity by awarding Laura $1,000 per month in temporary support. The Court of Appeals, after a de novo review, concluded that the temporary order was equitable. It considered the financial conditions and capabilities of both parties, noting Robert’s income and Laura’s reduced earning capacity and additional expenses incurred due to the separation. The Court also found that the terms of a prenuptial agreement signed by the parties did not affect the parties’ financial conditions at the time of the hearing and thus were not pertinent to the decision on temporary spousal support. Judge Mary Tabor authored the opinion of a unanimous panel.

In re V.G., No. 23-0410

Opinion Date: July 26, 2023

On appeal from Iowa District Court for Polk County

Issue:

• Whether the juvenile court erred in dismissing a child-in-need-of-assistance (CINA) petition for a child with cystic fibrosis.

The Iowa Court of Appeals reversed the juvenile court’s dismissal of a CINA petition concerning V.G., a two-year-old child with cystic fibrosis. The State and the guardian ad litem appealed the juvenile court’s decision to dismiss the petition, which had been filed after concerns were raised about the parents’ resistance to medical treatments recommended for V.G. The Court of Appeals found clear and convincing evidence that the parents were unwilling or unable to provide the recommended treatment for V.G.’s disease. The Court emphasized the necessity of strict adherence to medical recommendations to manage cystic fibrosis effectively. The Court found, in particular, that V.G.’s parents were unwilling or unable to comply with V.G.’s medical providers’ specific recommendations for vest treatments, nebulizer treatments, pancreatic enzyme supplements, the medication Orkambi, and chest x-rays. The Court concluded that judicial intervention was required to ensure V.G. received proper medical care, reversing the juvenile court’s decision and remanding for adjudication and further proceedings. Judge Gina Badding authored the opinion of a unanimous panel.

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