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| Basik Five Trust v. Culver, No. 6-919 / 06-0165,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: An action seeking declaratory relief and a writ of mandamus against the Iowa Secretary of State was dismissed because the Secretary was a state agency under Iowa Code §§ 17A.2(1), 17A.23, and the decision to refuse to accept business trust documents for filing was proper since there was no statute that authorized such.
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| Cancilliere v. Prof'l Bldg. Servs. of the Quad Cities, Inc., No. 6-947 / 05-1700,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: In a worker's suit against his former employer, the trial court's determination that Iowa Code ch. 91A was not triggered was proper as the employer paid the worker the reasonable value of his services during his employment, and the worker failed to prove otherwise.
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| Ceurvorst v. Principal Life Ins. Co., No. 6-901 / 05-1769,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: In employment dispute among employee and his employers, an insurer and an investment company, trial court did not err in awarding summary judgment against the employee because employee failed to show fraudulent misrepresentation, as he had relied on alleged verbal representations. Also, employee failed to preserve issue of apparent authority.
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| Emplrs Mut. Cas. Co. v. Rinderknecht Assocs., No. 6-532 / 05-1057,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Because an insurer's claims against a corporation triggered neither the insurer's duty to defend or indemnify the corporation as an additional insured under the policy at issue, the trial court's ruling granting the insurer's motion for summary judgment dismissing the corporation's counterclaim for breach of contract was not erroneous.
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| Gray v. Osborn, No. 6-436 / 05-1850,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Court erred in finding of an express easement over lot owners' property because while the plat of their subdivision had markings showing an easement on their lot, there was no showing that any incident of ownership had ever been created in a dominant estate, consequently, the requirements necessary to establish an express easement were not met.
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| Henderson v. State, No. 6-866 / 05-0541,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Dismissal of defendant's third application for postconviction relief was proper where postconviction court did not rule on the merits of defendant's claim that it gave an erroneous jury instruction, and defendant made no additional arguments; failure to cite or argue authority in support of a position was deemed waiver, Iowa R. App. P. 6.14(1)(c).
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| Hiveley v. State, No. 6-948 / 05-1759,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Appellant's application for postconviction relief was properly dismissed because the sentencing court gave sufficient, albeit terse reasons for imposing consecutive sentences, so neither trial nor appellate counsel was ineffective in failing to raise the issue.
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| Howard v. State, No. 6-982 / 05-1878,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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| In re Marriage of Allison, No. 6-870 / 06-0002,
COURT OF APPEALS OF IOWA, January 18, 2007, Filed
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Overview: Award of traditional support of $ 800 per month to a wife under Iowa Code § 598.21 was equitable because the parties had a marriage of long duration and the husband's earnings far outweighed the wife's earnings, as the parties' decision for the wife to stay home with the children when they were young had reduced her current earning capacity.
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