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   State Courts - Iowa - March 14, 2007

  
Afscme Iowa Council 61 v. State, No. 6-564 / 05-1891, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: An arbitration award was not set aside because a decision regarding the arbitrability of a group grievance was not a manifest disregard of a CBA. Moreover, issue preclusion did not apply to an arbitration decision in another case since the interpretation of a settlement and the CBA was not necessary or essential to the resolution of the case.

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Bd. of Dirs. of the Ames Cmty. Sch. Dist. v. Cullinan, No. 6-424 / 05-1059, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: The school's board of director's termination of a high school basketball coach's contract was improper because the determination that the coach had failed to effectively lead the boys' basketball program and adequately remediate leadership deficiencies was not support by the preponderance of competent evidence in the record.

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In re Estate of Spahn, No. 6-683 / 05-1701, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Declaratory judgment of the district court, concluding that an agreement between decedent and his brothers did not create a power of appointment, was affirmed because the agreement was no more than a contract between the decedent and his two brothers to treat their contingent interests in their company stock in a certain manner.

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In re Marriage of Briddle, No. 6-782 / 05-2115, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Settlement agreement between parties reached during the dissolution of their marriage was fair and equitable where wife knew that the husband had and could continue to have annual distributions in the amount suggested in the decree, and that the distributions varied and the husband could not specifically state what they would be on an annual basis.

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In re Marriage of Coons, No. 6-1078 / 06-0699, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Dissolution decree was modified to award the wife traditional alimony, because the wife was mildly mentally retarded, the wife's earning capacity would never approach that of the husband's, it was unlikely the wife would ever earn much more than she currently earned, and the wife did not have the ability to become self-supporting.

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In re Marriage of Halbach, No. 6-873 / 06-0181, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Because a district court miscalculated the credit given to a husband based on property he brought into a marriage under Iowa Code § 598.21(1)(b) and it miscalculated the value of a wife's retirement accounts, a cash payment to the wife during equitable distribution was reduced.

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In re Marriage of Klimesh, No. 7-028 / 06-0455, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: In a dissolution action, awarding joint physical care of the children under Iowa Code § 598.41 was proper as giving the father primary physical care of the children would have effectively eliminated their access to their mother, while awarding the mother primary physical care would have been unworkable given their current attitude toward her.

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In re Marriage of Shanks, No. 6-987 / 06-0557, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Dissolution decree was affirmed because the district court considered the fact that the wife brought fewer assets into the marriage by awarding the husband a larger share of the assets, and the district court's decision to terminate the wife's alimony in April 2006 rather than in November 2006 did not amount to a failure to do equity.

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In the Interest of A.B., No. 7-094 / 07-0032, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Termination of father's parental rights, Iowa Code § 232.116(1)(i), was in child's best interest based on his history of violence and DWIs, which posed significant risk to child. Termination of mother's parental rights, Iowa Code § 232.116(1)(g), was in child's best interest as she had not addressed parenting deficiencies and mental health issues.

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In the Interest of B.M., No. 7-117 / 06-2104, COURT OF APPEALS OF IOWA, March 14, 2007, Filed
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Overview: Trial court properly terminated father's parental rights under Iowa Code § 232.116(1)(f). Father, who was incarcerated, had little meaningful contact with his son and made little to no efforts to reunite with him. Any further contact would subject son to a high risk of adjudicatory harm, and further services would not alleviate this inevitability.

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