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| In re Estate of Davis, No. 6-067 / 05-0230,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Summary judgment was properly granted to an estate in a dispute over a LLC because an assignee failed to establish that he was a member of the LLC where the company records and other evidence did not show that a decedent had consented to such, pursuant to Iowa Code § 490A.306(2) and Iowa Code § 490A.903; ownership was not tantamount to membership.
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| In re Marriage of Bach, No. 6-282 / 05-1573,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A mother's child support obligation for three children was properly reduced to the guideline amount because the fact that the mother had to care for a subsequent child with a potentially terminal illness constituted a substantial change in circumstances under Iowa Code § 598.21(8).
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| In re Marriage of Dostart, No. 6-189 / 05-0904,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Child support obligation under Iowa Code § 598.21(4)(a) was improperly calculated because trial court failed to reduce amount of former husband's gross monthly income by percentage of his pension income awarded to wife; resulting guideline amount was incorrect, and there was no indication that a deviation from guidelines was necessary or proper.
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| In re Marriage of Nelson, No. 6-141 / 05-1538,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A father's motion to change custody should have been granted because a relocation to Wyoming was a substantial change in circumstances under Iowa Code § 598.21(8A), and the father showed that he was able to minister more effectively to the chid's well being since letters from the child's adult siblings stated that the mother was unstable.
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| In re Marriage of Roseburrough, No. 6-195 / 05-1423,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Equity dictated an approximately equal net property division, where the marriage was of long duration (35 years), the wife contributed extensively to the marriage, and the wife's earning capacity was significantly lower than the husband's.
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| In re Prop. Seized from Behmer, No. 6-210 / 04-0936,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Because appellant did not establish or even claim ownership of cash that was seized by police, and he did not follow the statutory mandates of a claimant under Iowa Code § 809A.11, his assertion of a claim to the seized cash failed. Moreover, substantial evidence supported that the forfeited cash was proceeds from illegal activity.
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| In re the Marriage of Beal, No. 6-188 / 05-0636,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Order dismissing petitioner father's petition to modify the child custody provisions of the decree dissolving his marriage to respondent mother was affirmed because the father had failed to prove a substantial change in circumstances following the entry of the first modification order.
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| In the Interest of D.J.G., No. 6-336/06-0413,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Trial court did not err in not granting father an additional six-month period to reunify with his child pursuant to Iowa Code § 232.104(2)(b) before terminating his parental rights where the father had exercised minimal visitation with his child and never served as his caretaker. A hair test also revealed the presence of cocaine in father's system.
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| In the Interest of H.F., No. 6-332 / 06-0299,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: Because mother's actions and inability to determine proper caretakers created an imminent danger to child and the pattern and practice of placing child in dangerous circumstances continued in spite of the receipt of services, the requirements of Iowa Code §§ 232.116 and 232.102 were met to waive reasonable efforts and to terminate parental rights.
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| In the Interest of J.L.S., No. 6-333 / 06-0380,
COURT OF APPEALS OF IOWA, May 10, 2006, Filed
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Overview: A father's parental rights were improperly terminated under Iowa Code § 232.116(1)(f) because, inter alia, he had successfully completed intensive outpatient substance abuse treatment, reasonable efforts were not made to reunify the children with him, and termination of his parental rights was not in the best interest of the children.
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