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| In the Interest of J.T., No. 6-133 / 05-0838,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Court erred in finding that 14-year-old juvenile committed simple misdemeanor, in violation of Iowa Code § 299.6, where § 299.5A did not include a child in specifying persons who should be referred to county attorney for prosecution under § 299.6 if they violated truancy mediation agreement; children lacked legal capacity to enter into agreements.
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| In the Interest of T.M., No. 6-179 / 06-0124,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Court did not err in terminating parents' parental rights to child under Iowa Code § 232.116(1)(h) as child remained in need of assistance defined by Iowa Code § 232.2(6); parents were low functioning, neither possessed basic knowledge of child care and development, there were domestic violence issues, and termination was in child's best interests.
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| In the Interest of T.M., No. 6-182 / 06-0198,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Appellate court affirmed an order terminating a father's parental rights under Iowa Code § 232.116(1)(e) as the father was incarcerated after beating the child's mother, and the father failed to maintain any significant contact with the child while incarcerated.
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| In the Interest of T.T., No. 6-201 / 06-0200,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Evidence supported trial court termination of mother's rights to her 3 children under Iowa Code § 232.116(1)(f) and (h) because there was clear and convincing evidence that the children could not be returned to mother's custody where she failed to develop parental skills, address mental health issues, and did not have suitable living conditions.
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| Iowa Dep't of Revenue & Fin. v. Scheckel, No. 6-151 / 05-0167,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Appellate court affirmed an order by the district court that rejected a taxpayer's challenge to a distress warrant issued by the Department of Revenue and Finance as the district court lacked subject matter jurisdiction where the taxpayer had not exhausted his administrative remedies.
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| Kiray v. Hy-Vee, Inc., No. 5-983 / 04-1716,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Where shopper was stopped after purchasing groceries and sensor set off false alarm, defamation claim was properly submitted to jury because dramatic pantomime of passing items and shopper through security gate could be viewed as distinct defamatory act. However, instruction on qualified privilege of store was properly submitted as well.
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| Mannes v. Fleetguard, Inc., No. 6-064 / 05-0150,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: A workers' compensation commissioner erred when it denied a cumulative injury claim relating to the neck and shoulders based on the fact that an employee pled in her petition that the date of manifestation was "on or about" a certain date; the employer was on notice of a manifestation date other than the particular one stated.
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| Sands v. Marian Health Ctr., No. 6-060 / 05-0046,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Where the evidence failed to show that there was any likelihood that an employee's condition in two fingers would have shown any significant improvement, apart from the potential for a new diagnosis and new treatment options, substantial evidence supported the decision to set an end to a healing period under Iowa Code § 85.34(1) (1999).
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| Schoenfelder v. Am. Gen. Life Ins. Co., No. 5-650 / 05-0047,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: Trial court erred in declaring that a landlord was the owner of escrowed funds (from a tenant's bankruptcy) as a granting clause of the mortgage created a primary lien in the mortgagee's favor on all rents accruing after the mortgage was executed, thus making the mortgagee's successor in interest the rightful owner of the escrowed funds.
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| State v. Alberts, No. 5-939 / 04-1949,
COURT OF APPEALS OF IOWA, March 29, 2006, Filed
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Overview: In a sexual abuse case, a victim's mental health records were not discoverable under Iowa R. Civ. P. 1.503 because defendant failed to show how the victim's perception would have been impaired by any mental health issues; the evidence showed that the victim was treated for depression and took medication for treatment.
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