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| In the Interest of S.J., No. 7-247 / 07-0387,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: An order terminating a mother's parental rights pursuant to Iowa Code § 232.116(1)(h) was upheld where the child was adjudicated in need of assistance, the mother was incarcerated, and, based on the mother's prior behaviors, there was a strong possibility that she might never be able to provide for the child's basic needs.
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| In the Interest of T.R., No. 7-177 / 07-0294,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Children were ordered returned to the mother's care, because the trial court, of its own volition, ignored both the recommendation of the State and the Iowa Department of Human Services, and without any evidence recommending the continued removal of the children, the trial court found that reunification was inappropriate.
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| Liberty Bank, F.S.B. v. Best Litho, Inc., No. 7-046 / 05-0791,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Trial court properly denied renters' motions for summary judgment in breach of contract actions filed by bank, as assignee of equipment corporation's interest, where renters failed to sustain their burden of establishing that forum selection clause in rental agreements was fundamentally unfair and that enforcement would be unreasonable and unjust.
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| Midwest Motorsports P'ship v. Hardcore Racing Engines, Inc., No. 6-742 / 05-2113,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Trial court did not err in denying a former employer's motion for directed verdict because, inter alia, as former employees presented substantial evidence on trade secret claim, the district court did not err in submitting the misappropriation claim to the jury and in declining to decide the issue in favor of the former employer as a matter of law.
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| Modern Piping v. Lane, No. 7-159 / 06-1796,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Industrial commission properly found that an employee was permanently and totally disabled as the opinions of physicians, combined with the employee's age, education, sole vocational training and work history in heavy manual labor, mental capacity, permanent work restrictions, and ability to be retrained qualified him as an odd-lot employee.
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| Northrup v. Lewis, No. 7-209 / 06-1213,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Court did not err in granting summary judgment to an attorney who was the guardian ad litem for one of the mother's adult children because allegedly defamatory statement that the guardian made to the mother's attorney in the context of a visitation request that the mother had "improperly touched her children" was protected by an absolute privilege.
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| Saydel Cmty. Sch. Dist. v. Denis Della Vedova, Inc., No. 6-1018 / 06-0070,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Declaratory judgment in favor of the school district was affirmed because the general contractor had not substantially complied with the contract and remained liable for continuing architectural expenses, and the decision to reject the tile installation was not contrary to the contract documents.
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| Sigler v. Cook, No. 7-102 / 06-0813,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: Portion of the judgment denying the father's motion to modify child custody was affirmed because primary care should remain with the mother, when the changes the father alleged were not material and substantial, and did not meet the burden required to alter the original custody decree.
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| Spencer Diesel Injection & Turbo, Inc. v. Sioux City, No. 7-069 / 06-0494,
COURT OF APPEALS OF IOWA, April 25, 2007, Filed
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Overview: In a property owner's appeal under Iowa Code § 6B.23 in the City's eminent domain action, evidence of the income approach to the property's valuation was properly barred as there were comparable sales available, and none of the exceptions to the general rule prohibiting valuation by the business profits or income capitalization approach applied.
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