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   State Courts - Iowa - June 13, 2007

  
In the Interest of K.S., No. 7-351 / 06-1359, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Termination of a father's parental rights under Iowa Code § 232.116 was proper as the father, who was recently released from jail, admitted he was not prepared to have the children returned to his care, and the children had been living with their maternal aunt, who all parties agreed would continue to provide a safe and loving environment.

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In the Interest of P.L.J., No. 7-384 / 07-0609, COURT OF APPEALS OF IOWA, June 13, 2007, FiledFiled
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Overview: Court properly terminated mother's parental rights to her children because she had exposed them to drug use and domestic violence and because she lacked insight to implement and retain child protection skills taught through the services offered; the State proved by clear and convincing evidence that termination was in the children's best interest.

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In the Interest of R.N.H., No. 7-420 / 07-0785, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116(1)(d), (e), (f), and (i) was upheld because termination was in children's best interests; mother failed to comply with or complete majority of services offered, including substance abuse treatment and individual and family therapy, and children could not be returned to her custody.

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In the Interest of S.W., No. 7-348 / 07-0592, COURT OF APPEALS OF IOWA, June 13, 2007, FiledFiled
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Overview: Termination of mother's parental rights to two of her daughters under Iowa Code § 232.116(1)(h) was proper as (1) she struggled to apply and internalize some of the basic parenting requirements; (2) her mental health issues impacted her ability to provide care to her children; and (3) she might never be able to provide for children's basic needs.

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In the Interest of Z.L., No. 7-352 / 07-0594, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: A mother's parental rights were terminated under Iowa Code § 232.116(1)(b) when she repeatedly tested positive for cocaine and marijuana, failed to comply with drug treatment programs, and failed to visit the children, and it was not in the children's best interest to place them with a relative had no contact with the children for more than a year.

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Johnson v. Dalton Auto Sales, Inc., No. 7-268 / 06-0970, COURT OF APPEALS OF IOWA, June 13, 2007, FiledFiled
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Overview: Where employees were required to use their own tools to work on cars, and they were destroyed during a fire, a building owner was liable under a theory of mutual bailment; there was a presumption of negligence, and the fire was caused by water leakage in the building, which was under the owner's control.

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Lindsey v. Koehn, No. 7-215 / 06-1427, COURT OF APPEALS OF IOWA, June 13, 2007, Filed; Filed
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Overview: In a quiet title action, a claim under Iowa Code § 650.14 was not preserved for appellate review because it was not ruled upon by a district court at trial; the district court must have believed that a motion to amend dealt instead with an adverse possession claim. Moreover, no post-trial motion was filed.

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Miller v. Pavlicek, No. 7-335 / 06-1763, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Trial court was entitled to grant a motion for a new trial under Iowa R. Civ. P. 1.1004(6) where the jury verdict in a tort case was not supported by sufficient evidence; further, pursuant to Iowa R. App. P. 6.14(6)(d), the reviewing court was slower to interfere with the grant of a new trial than with its denial.

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Mosher v. Div. of Health Facilities, No. 7-275 / 06-1352, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: Substantial evidence under Iowa Code § 17A.19 supported a finding that appellant engaged in dependent adult abuse in violation of Iowa Code § 235B.2 because there was testimony that, if believed, established that appellant was scene pushing a facility resident, causing him to fall to the floor, slide backwards, and nearly hit his head.

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Novander v. State, No. 7-322 / 06-1065, COURT OF APPEALS OF IOWA, June 13, 2007, Filed
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Overview: When an inmate failed to request specific findings, challenge the order that counsel evaluate his claims, or file a motion to amend or enlarge after a district court's order dismissing the inmate's postconviction relief motion, those errors were not preserved for appellate review.

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