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| In re Marriage of Evans, No. 5-795 / 05-0113,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Order reducing father's child support obligation from $ 1,500 per month to $ 1,348 per month was upheld because the father's testimony that he was unable to earn more than $ 36,000 per year was not credible; utilizing an earning capacity of $ 70,800 per year based on the father's previous income was appropriate pursuant to Iowa Code § 598.21(8)(a).
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| In re Marriage of Huisman, No. 5-918 / 05-0657,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: The denial of the father's request for joint physical care of the children pursuant to Iowa Code §§ 598.1(4) and 598.41(5)(a) was appropriate because the mother's demeanor at trial reflected a mother who was patient, calm, and concerned about insuring that the children had a relationship with both parents.
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| In re Prop. Seized from Okoboji Casino Supplies, No. 5-979 / 04-1178,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: District court's judgment ordering the forfeiture of certain gambling machines was reversed, where the State was required under Iowa Code § 809A.8(1) to file a notice of forfeiture, but failed to do so.
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| In re T.J., No. 5-688 / 05-1029,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116(1)(d), (e), (f), and (l) was supported by sufficient evidence that showed she failed to participate in substance abuse treatment, provide drug screens, or take advantage of visitation or available depression medications and that her failure to use services was not due to indigency.
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| In the Interest of D.I.T., No. 6-044 / 05-1977,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: The termination of the father's parental rights was proper pursuant to Iowa Code § 232.116(1)(b) where he had no contact with his children since his incarceration and did not seek to have a no-contact order modified. He also did not pay child support and failed to meet his duty to parent to the extent that it was practical and feasible.
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| In the Interest of J.M., No. 6-042 / 05-1810,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116(1)(f) was upheld because child could not be returned to her care; despite efforts to improve mother's parenting skills, she lacked mental capacity to provide for child's special needs, and termination was in child's best interests, as mother could not give him stable environment.
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| Kerr v. Baltimore (In re Estate of Baltimore), No. 5-952 / 05-0173,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Trial court properly denied an application filed by the administrator's brother to remove the administrator of their deceased mother's estate because the administrator's purchase of an asset of the estate under his administration after notice to his brother was proper; he engaged in no impermissible self-dealing as per Iowa Code § 633.155.
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| Mark Crop Ins. v. Roberts, No. 5-970 / 05-1066,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Order of specific performance was affirmed because a shareholder failed to carry her burden of proving abandonment of the "agreement of selling stockholder" agreement, which provided that the shareholder would sell her shares to the three remaining shareholders in weighted shares and would terminate her duties in the corporation.
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| Martin v. City of Ottumwa, No. 5-854 / 04-1967,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Court properly denied employee's petition for a writ of mandamus compelling provision of retiree health insurance by city where he did not have vested right in benefits; city was entitled to modify or terminate its practice of providing benefits at any time. No exceptional circumstances existed warranting application of equitable estoppel doctrine.
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| Marvin v. N. Cent. Iowa Mental Health Ctr., Inc., No. 5-871 / 05-0488,
COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Dismissal of the employee's causes of action was affirmed because the federal court's ruling on the issue of state action by the employer precluded relitigation of the due process claim, and the employee's state claim for breach of contract was precluded, as summary judgment by the federal court was a final adjudication on the merits.
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