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| Bass v. City of Huxley, No. 6-918 / 06-0118,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Summary judgment in favor of the City of Huxley, Iowa, dismissing the claimant's breach of contract claim was affirmed because Huxley, Iowa, Mun. Ordinance No. 198 (codified in Huxley, Iowa, Mun. Code § 4.010 et. seq.), established that the city administrator was an at-will employee and served at the pleasure of the city council.
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| Burtnett v. Webster City Custom Meats, Inc., No. 6-809 / 05-1265,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: A decision denying an employee temporary partial workers' compensation benefits, alternate care, and granting a 10 percent disability rating was affirmed, but it was error to reverse the agency's penalty award under Iowa Code § 85.36(9) where the evidence showed that the employer had delayed permanent partial disability payments.
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| C & J Leasing Corp. v. Hendren Golf Mgmt., No. 6-921 / 06-0249,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Golf course owner entered into a contract to lease carts from enterprise, which later went into bankruptcy. Corporation provided financing. Trial court erred in declaring contract unconscionable because, while problematic, lease agreement was valid under Iowa Code § 554.13103, and hell and high water clause was enforceable for leased equipment.
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| City of Madrid v. Blasnitz, No. 6-975 / 06-0977,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Remand of case to the workers' compensation commissioner for reconsideration using the correct legal standard was affirmed because the issue of penalty benefits could not be decided as a matter of law, when whether the employer acted reasonably in denying benefits should be determined in the first instance by the commissioner.
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| Deutsche Bank Nat'l Trust Co. v. De Jong, No. 6-1026 / 06-0286,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Court erred in granting summary judgment to bank in residential foreclosure filed under Iowa Code § 654.20 as there was genuine issue of material fact whether borrower was in default at time suit was filed, which was supported by her expert's affidavit that stated it appeared as if borrower's account was current at time she received notice to cure.
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| Elsberry v. Tucker, No. 6-1068 / 06-0585,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Dismissal of plaintiffs' tort action based on plaintiffs' failure to effect timely service of process was affirmed; plaintiffs only attempted to serve defendant once at an old address, and even though the sheriff provided a new address, plaintiffs took no further action until the court's order raised the specter of dismissal four months later.
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| First Sec. Bank & Trust Co. v. King, No. 6-1013 / 05-2039,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Bank's claim to subject wife's property to satisfy a judgment against husband failed to establish equitable fraud under Iowa Code § 630.16 because transfer of funds to wife was reasonable and supported by consideration, the husband was not rendered insolvent at the time, and bank could not show justifiable reliance as to husband's personal funds.
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| Fisher v. State, No. 6-773 / 05-1408,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Where appellant was convicted of sexual abuse under Iowa Code § 709.3, his postconviction application was properly dismissed because he did not preserve his prosecutorial misconduct claim, his Brady claim failed since the victim's prior abuse allegations were inadmissible under Iowa R. Evid. 5.412, and counsel was not ineffective.
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| Fogelman v. Andersen, No. 6-991 / 06-1093,
COURT OF APPEALS OF IOWA, January 31, 2007, Filed
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Overview: Court did not err in granting parents joint legal custody and placing physical care of son with mother pursuant to Iowa Code § 598.41(3); both were loving parents who were able to meet son's needs but joint physical care arrangement was not in child's best interests in view of parents' difficulties in cooperating and communicating with one another.
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