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| In re Trust of Turner, No. 6-007 / 04-1835,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: In a son's challenge to a family settlement agreement closing the decedent's trust, the trial court's order barring the son from pursuing claims against the trustees was proper as the trial court's order that any claims against the trustees had to be filed prior to the cutoff date provided in the notice pursuant to Iowa Code § 633.40(4) was proper.
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| In the Interest of A.B., No. 5-791 / 05-0868,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Court properly found a juvenile incompetent to proceed in delinquency proceedings where he proved by preponderance of evidence that he did not have at the time of the competency hearing sufficient ability to consult with his lawyer with a reasonable degree of rational understanding or have rational, as well as factual, understanding of proceedings.
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| In the Interest of A.D., No. 6-048 / 05-2063,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Court affirmed the termination of a mother's parental rights pursuant to Iowa Code § 232.116(1)(a); the mother consented both orally and in writing to the termination of her parental rights, and at the termination hearing, the mother reiterated her consent to termination.
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| In the Interest of B.H., No. 6-119 / 06-0009,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Juvenile court's conclusion that it was in best interests of two children to deny concurrent jurisdiction requested by a grandfather to pursue guardianship was affirmed because the grandfather only sought guardianship of his two grandchildren, but the children's best interests dictated a situation in which they were placed with their third sibling.
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| In the Interest of G.H., No. 6-118 / 05-2062,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: The termination of mother's and father's parental rights was proper pursuant to Iowa Code § 232.116(1)(e), (h) and (l) because the mother had never successfully addressed her substance abuse and was not able to establish or maintain a stable, sober, lifestyle. The father had a history of domestic violence.
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| In the Interest of G.Y., No. 6-050 / 05-1234,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: An order terminating a mother's parental rights to her three children was upheld where a minimum of 12 months passed from the children's removal by the Iowa Department of Human Services in March 2004 to the final two days of the termination hearing in April 2005. Hence, the time frame in Iowa Code § 232.116(1)(f) (2005) was met.
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| In the Interest of T.R., No. 6-053 / 05-1731,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Based on a mother's history of continued drug use and her refusal or failure to address her addiction through treatment and other services, a delay of the termination proceeding would not have served the best interests of her children, and termination of her parental rights pursuant to Iowa Code § 232.116(1)(h) and (l) (2005) was proper.
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| Insituform Techs., Inc. v. Empl. Appeal Bd., No. 5-987 / 05-0740,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Pursuant to Iowa Code § 17A.19(10), appellate court concluded that a state agency's assessment of separate penalties against an employer for two violations of respirator regulations was arbitrary. It was inappropriate to fine the employer for violations that could be remedied by the same abatement.
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| K Roofing & Sheet Metal Co. v. Rockwell Collins, Inc., No. 5-965 / 05-0700,
COURT OF APPEALS OF IOWA, March 1, 2006, Filed
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Overview: Summary judgment in favor of a general contractor was affirmed in a subcontractor's action to foreclose a mechanic's lien because the general contractor had paid in full the amount of the subcontractor's bid, and pursuant to Iowa Code § 572.16 (2003) the general contractor was not required to pay above that amount.
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