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   State Courts - Iowa - February 28, 2007

  
Gursky v. Phillips, No. 6-1064 / 06-0441, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: The establishment of title to land with property owners by adverse possession was proper because the record showed that they had hostile, actual, open, exclusive, and continuous possession of the property for at least 18 years. They occupied, used, maintained, and improved the property as if they were the owners.

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Heintz v. City of Fairfax, No. 6-1039 / 06-0979, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Intergovernmental agreement regarding future annexation of land between two cities was not invalid for failure to comply with parts of Iowa Code § 368.4 because a published notice was sufficient since a legal description or map was not required, an improper duration provision was properly separated, and a filing requirement was directory.

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Hobbs v. Iowa Dist. Court for Warren County, No. 7-058 / 06-0182, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Petitioner's writ of certiorari, challenging the dismissal of her Iowa Code ch. 236 domestic abuse petition and adopting a no-contact order, was sustained and the case remanded because the district court's order did not comply with Iowa Code ch. 236, as there was no mutual consent by the parties and no finding of domestic abuse.

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Hoovestol, Inc. v. Hammers, No. 6-1038 / 06-0860, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Substantial evidence supported a workers' compensation commissioner's determination that an employee's disability was causally related to his work injury, Iowa Code § 17A.19(10)(f).

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Imber v. Bd. of Med. Exam'rs of Iowa, No. 6-928 / 06-0493, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: A dismissal of a disciplinary proceeding instituted against an Iowa physician with a lapsed license was a public record under Iowa Code §§ 272C.6(4), 17A.3(1)(e) and not subject to removal from a website because the Iowa Board of Medical Examiners was not required to set forth all known facts to qualify a decision as final.

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In re Interest of R.T.P., No. 7-114 / 06-2007, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Supervised visitation was proper, though father refused to admit sexual abuse of son; prohibiting contact was unnecessarily restrictive and not in son's interest, Iowa Code § 232.104(4). Inter alia, father exercised visitation with daughter without incident, lived with stepson with no impropriety allegation, and son wanted relationship with father.

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In re Marriage of Balk, No. 6-1080 / 06-0885, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Mother failed to show a sufficient change of circumstances to justify elimination of the Thursday night visitation with the father, because there was no evidence that the Thursday night visitation was detrimental to the children, when there was no evidence the children were ever late for school.

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In re Marriage of Frein, No. 6-1075 / 06-0666, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Retroactive child support was not called for, as interest and taxes paid on parties' home in 2004 totalled over $ 14,000, appellant paid for heat and lights for home and on parties' debts, he was making substantial contribution to his spouse's and children's financial needs, and there was no claim he did not pay as ordered.

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In re Marriage of Grittman, No. 6-984 / 05-1925, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: Ordering the father to pay a child's postsecondary education subsidy pursuant to Iowa Code § 598.21(5A) did not violate equal protection, Iowa Const. art. I, § 6, U.S. Const. amend. XIV. The amount of the subsidy had to be reduced from $5000 to $4276. The mother was properly awarded attorney fees but was denied appellate attorney fees.

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In re Marriage of Hoover, No. 6-1060 / 06-0332, COURT OF APPEALS OF IOWA, February 28, 2007, Filed
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Overview: An order modifying a marital dissolution decree by increasing the husband's child support level based upon his salary was upheld where the husband's commission income was speculative and not guaranteed; the trial court acted appropriately in not including such income when setting child support.

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