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| J.L. Hollen, L.L.C. v. Landergott, No. 6-171 / 05-1334,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Judgment awarding rent due for the basement bar was vacated and reversed because the district court had no authority to enter judgment for rent for the basement bar, as that was not the issue, when a court on remand was precluded from considering other issues or new matters.
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| Jackson v. State, No. 6-122 / 04-0880,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: In a robbery, burglary, and kidnapping case, counsel was not ineffective by failing to object to a photo array from which the victim identified defendant as the skin-tone difference among the subjects in the photo array was not so impermissibly suggestive as to render the identification inadmissible.
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| Jerry Palmer Homes, Inc. v. Simpson, No. 5-950 / 05-0162,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Trial court properly concluded that neither a homebuilder nor the homeowners were entitled to expectation interest damages in their breach of contract counterclaims where both parties had materially breached the construction contract and neither had made any effort to resolve the issues related to access to the property.
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| Lakes Gas Co. v. Terminal Props., Inc., No. 6-168 / 05-1266,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Where plaintiff sued a propane company on a note that both the note-maker and intervenor had a security interest in, intervention by intervenor was proper because it involved defense of propane company assets, the propane company's creditors would not be prejudiced, and intervention limited number of suits that might arise.
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| Latiker v. City of Council Bluffs, No. 6-069 / 05-0304,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: District court properly dismissed an individual's claim for damages against a city where City of Council Bluffs, Iowa, Ordinance § 4.20.030 was not unconstitutionally vague, the impoundment and forfeiture of his dog did not violate procedural or substantive due process, and the ordinance was not preempted by state law.
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| MBNA Am. Bank, N.A. v. Tackleson, No. 6-167 / 05-1147,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Dismissal of the bank's action seeking to confirm an arbitration award against the credit card customers was reversed and remanded because the district court found the credit card agreement to be a contract of adhesion; however, this was not a ground for refusing to confirm the arbitration award under Iowa Code §§ 679A.12 or 679A.13.
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| Mart v. Rockwell Collins, Inc., No. 6-155 / 05-0698,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: Iowa Code § 17A.19(10) applied to a review of district court's determination regarding workers' compensation commissioner's decision regarding disability claims, but he gave no reasons why he rejected claimant's permanent disability claim or his reasons for arriving at another level of disability; thus, matter was properly remanded to commissioner.
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| Muldoon v. Burgman, NO. 6-077 / 05-0602,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: In a patient's medical malpractice action, summary judgment in the doctor's favor was proper as the suit was filed outside the limitations period of Iowa Code § 614.1(9)(a); reasonable minds could only conclude that her family's cancer history should have heightened her awareness of a problem when she noticed a growth in her mouth and bleeding.
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| Ogino v. Foot & Ankle Clinic, P.C., No. 6-172 / 05-1350,
COURT OF APPEALS OF IOWA, April 26, 2006, Filed
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Overview: In an employee's fraudulent misrepresentation action against his employer, a directed verdict in favor of the employer dismissing the claim was proper as there was insufficient evidence to show that the employer intended to deceive where the employment terms were creatures of oral agreements and the written contracts were not in effect.
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