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| Ace Concrete Co. v. Metro Waste Auth., No. 5-851 / 04-1921,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: An award of attorney fees to concrete suppliers pursuant to Iowa Code § 573.21 was affirmed because the suppliers provided their claim for materials in whole and it was not unreasonable for the district court to conclude that the suppliers proved that the services were necessary and that the amount charged was reasonable.
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| Cass v. Sands, No. 5-969 / 05-1008,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: In a suit brought by shareholders of a car dealership against a corporation regarding the purchase of the dealership, summary judgment in favor of one of the corporate directors was proper as there was no evidence that the director participated or agreed to any act that could have supported a claim of fraudulent misrepresentation.
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| Cont'l Western Ins. Co. v. Jerry's Homes, Inc., No. 5-848 / 04-1890,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: The granting of summary judgment in favor of an insurer in its declaratory judgment action was proper where there were no facts presently available that indicated that the insurer was required to cover the claim at issue. Engineering reports offered by the insured provided mere speculation as to the cause of the damages.
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| Conti v. N. Am. Van Lines, No. 5-838 / 04-1640,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: A finding in favor of an employee in a workers' compensation case was improper pursuant to Iowa Code § 85.23 where, at no point before the workers' compensation commissioner did the employee argue that he had provided timely notice of his injury due to application of the discovery rule.
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| Frontier Leasing Corp. v. Acevedo Grocery, Inc., No. 5-877 / 05-0601,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: There was no error in the district court's decision to order that interest under Iowa Code § 535.3 would begin to accrue on the date of default judgment because by its own terms Iowa Code § 535.3 provided only for interest on money due on judgments and decrees.
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| Harvey's Casino v. Isenhour, No. 5-850 / 04-1910,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Iowa Workers' Compensation Commissioner was without subject matter jurisdiction to hear the employees' petitions because the riverboat casinos were vessels at the time of the employees' injuries, and the employees were seamen as contemplated by the Jones Act, 46 U.S.C.S. app. § 688, at the time of their injuries.
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| In re Marriage of Bauler, No. 6-026 / 05-0856,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: A wife's motion to compel discovery did not meet the requirements of Iowa R. Civ. P. 1.517(5) because it contained no allegation that a good faith attempt was made to resolve the issue regarding interrogatories with opposing counsel.
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| In re Marriage of Beemer, No. 5-891 / 05-0239,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Mother failed to satisfy the heavy burden of proving a substantial change of circumstances to warrant a change in physical custody of the children because the father's move with the children from Iowa to Missouri without the mother's consent did not, standing alone, constitute a substantial change in circumstances justifying a change in custody.
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| In re Marriage of Drake, No. 5-923 / 05-0842,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: As husband had substantial retirement account which he had not drawn on, pursuant to Iowa Code § 598.21(3) (2003), appellate court modified alimony payable by wife from $ 750 a month to $ 450 a month until earliest of following: (1) wife died; (2) husband died; (3) husband remarried; or (4) wife retired and began receiving Social Security benefits.
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| In re Marriage of Laughlin, No. 6-017 / 05-0516,
COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Wife, the custodial parent of the parties' youngest son, was responsible for the first $ 250 per year of uncovered medical expenses for that son in accordance with Iowa Ct. R. 9.12 and dissolution decree was so modified, but decree was otherwise affirmed as valuation of marital home was in permissible range of evidence.
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