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| Alaska Seaboard Ptnrs, Ltd. Pship v. Hanson, No. 7-198 / 06-0890,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Mortgagee was properly granted judgment on note and foreclosure of mortgage because mortgagors waived any challenge on appeal to their loan history report as inadmissible hearsay by failing to object on that ground at trial, mortgagee established its claim on a prima facie basis, and mortgagors failed to rebut evidence presented by mortgagee.
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| City of Okoboji v. Okoboji Barz, Inc., No. 7-258 / 06-0269,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: In a zoning action, court erred in concluding that sale of alcoholic beverages at restaurant would constitute addition of separate nonconforming use because even with ability to sell alcohol, restaurant would remain a restaurant. Given small size of restaurant and lot on which it sat, it was unlikely that it could be transformed into bar or tavern.
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| Croson v. Carlstrom, No. 7-212 / 06-1346,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Judgment in favor of a doctor and clinic in a patient's medical malpractice action was affirmed because there was substantial evidence in the record to show the doctor considered the alternatives and exercised his best professional judgment in choosing the method of treatment that was utilized.
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| Dan's Overhead Doors & More, Inc. v. Wennermark, No. 7-271 / 06-1049,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: In employment dispute, trial court properly refused corporation's request for injunctive relief to enforce employment agreement with former employees because there was insufficient justification to find enforcement necessary for business's protection. Employees were laborers, who developed their skills, but skills were not unique or extraordinary.
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| Estudillo v. IBP, Inc., No. 7-214 / 06-1351,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: The Workers' Compensation Commissioner's decision finding a 10 percent permanent disability for a meat cutter's injury was affirmed where the record contained conflicting medical testimony as to his functional impairment. The denial of penalty benefits under Iowa Code § 86.13 was affirmed as the medical testimony had cast doubt as to his injuries.
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| Graves v. State, No. 7-225 / 06-0369,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: In request for postconviction relief, applicant failed to show that he was denied effective assistance of counsel. Prosecutor's comments did not constitute misconduct because argument was based on inferences and conclusions. Also, prosecutor did not make "golden rule" argument by asking jurors to set aside biases toward victim, a prostitute.
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| Hanegan v. State, No. 7-022 / 05-1756,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Counsel erred in not objecting to prosecutor's questions about whether other witnesses were telling truth, but inmate was not prejudiced by counsel's failure to object as 1) there was no evidence that lying was mentioned in closing argument; and 2) evidence of his guilt was overwhelming. Thus, his counsel was not ineffective under Sixth Amendment.
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| In re B.C.B., No. 7-344 / 07-0640,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Considering graphic nature of child's detailed description of sexual abuse by older half brothers while in father's care and unrebutted opinions of various professionals, juvenile court properly found clear and convincing evidence supporting adjudication of child as Child In Need of Assistance pursuant to Iowa Code § 232.2(6)(c)(2) and (d) (2005).
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| In re C.A.J., No. 7-303 / 07-0480,
COURT OF APPEALS OF IOWA, May 23, 2007, Filed
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Overview: Child could not be returned to father without being placed in an unsafe environment due to the history of domestic violence in the home, drug abuse in the home, and father's unwillingness to either address these issues or end his relationship with the mother; termination of father's parental rights under Iowa Code § 232.116 was affirmed.
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