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| Everhart v. State, No. 5-912 / 05-0166,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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| Feldmann v. Ostwinkle, No. 6-034 / 05-1157,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: In landowners' quiet title action against their neighbors, the trial court did not err in determining that the landowners had established a boundary by acquiescence under Iowa Code § 650.14 as the neighbors' predecessors had acquiesced in the road as the boundary for over 30 years and their lack of knowledge of the actual boundary did not matter.
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| Gardner v. Heartland Express, Inc., No. 5-984 / 05-0037,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: As Iowa lacked subject matter jurisdiction over Georgia resident's workers' compensation action after Iowa Code § 85.71 was amended, claimant could not maintain claim in Iowa for bad faith failure to pay benefits when he did not, and could not, have a right in Iowa to receive such benefits; he was injured in Georgia and that state had jurisdiction.
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| Giles v. State, No. 6-070 / 05-0322,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: In a claimant's petition for judicial review of two decisions by appellee Iowa Public Employment Relations Board, the State was named, but the claimant did not serve the petition on the State, as required by Iowa Code § 17A.19(2) (2003); thus, the district court had no choice but to dismiss the petition for lack of jurisdiction.
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| Grismore v. Garber, No. 5-937 / 04-1801,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Trial court erred in finding that fraudulent concealment doctrine could not be applied to avoid statute of limitations, Iowa Code § 614.1(9), from barring a patient's malpractice suit because evidence raised questions on whether doctor made a false representation or failed to disclose that patient never had cancer and that surgery was unnecessary.
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| In re Adoption of H.N.S., No. 6-031 / 05-1083,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Court properly denied grandfather's motion to vacate adoption decree pursuant to Iowa R. Civ. P. 1.1012(2) where there was substantial evidence to support finding that there had not been agreement to place children with grandfather after parents' rights were terminated. It was not in the best interest of the children to vacate the adoption decree.
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| In re Marriage of Gruettner, No. 6-033 / 05-1149,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Court affirmed denial of father's petition for modification of child support for his adult disabled son; while father's income had fluctuated, amount of support was clearly within his ability to pay and was in an amount necessary to meet son's needs. However, mother failed to show extraordinary circumstances that justified continuation of alimony.
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| In re Marriage of Ruth, No. 5-916 / 05-0440,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Pursuant to Iowa Ct. R. 9.11 and 9.5, the district court did not err in calculating the father's income for child support purposes because allowing the husband a greater depreciation deduction would have resulted in a level of child support inadequate to meet the children's needs.
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| In re Marriage of Youngblut, No. 5-815 / 05-0807,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Father was entitled to a reduction of his support obligation because the statutory definition of "minor child" under Iowa Code § 598.1(6) was not satisfied and the statutory grounds for payment of adult support did not exist, as the older child had turned eighteen and completed his high school graduation requirements.
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