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| Fairbank State Bank v. Delaney, NO. 6-303 / 5-0565,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Borrower in foreclosure proceeding contended she did not have mental capacity to understand contract; however, trial court did not err in granting summary judgment for bank because only misrepresentation that was alleged was that bank's president did not explain contract, which was not an actionable basis for fraud.
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| In re Fay, No. 6-348 / 05-1156,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Judgment granting the mother physical care of the children, subject to visitation with the father, was affirmed because the father's joint physical care proposal was not in the children's best interests.
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| In re Marriage of Keener, No. 6-375 / 05-1257,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: In a dissolution proceeding, equalizing cash payments to the husband from the wife should have bore annual interest from the date of the decree at a rate set by Iowa Code §§ 535.3(1) and 668.13(3) because the husband would otherwise have been inequitably deprived of the use of his payments equalizing the property division.
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| In re Marriage of Richardson, No. 6-350 / 05-1505,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Given the length of their marriage and the disparity in their respective incomes, the appellate court affirmed the award of spousal support to the wife pursuant to Iowa Code § 598.21(3).
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| In re Woodward, No. 6-339 / 05-0495,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: A trial court properly used a father's actual income, rather than his earning capacity, in calculating his 2005 child support obligation where there were no allegations that he voluntarily reduced his income. Substantial justice would not occur if his actual earnings were used to calculate his support obligation.
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| In the Interest of B.H., No. 6-477 / 06-0704,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: The district court properly denied a grandfather's motion that his two grandchildren be placed in his care. The clear and convincing evidence showed that the grandchildren were doing well in a pre-adoptive home with licensed foster parents. The grandchildren had also been placed with a third sibling, to whom they were very strongly bonded.
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| In the Interest of B.J.H., No. 6-379 / 05-1442,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Appellant, juvenile, was found to be a juvenile delinquent by committing an act of criminal mischief in third degree. Juvenile's statements to his friends that he was going to "key" victim's car, and that he had "keyed" car, were admissible, pursuant to Iowa R. Crim. P. 2.21(4), because statements were corroborated by series of circumstances.
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| In the Interest of D.J., No. 6-407 / 06-0625,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Appellate court reversed the juvenile court's authorization of eye surgery on a child over the mother's objection because it was hesitant to override a parent's wishes without, at the very least, a medical recommendation.
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| In the Interest of J.J.L., No. 6-352 / 05-1679,
COURT OF APPEALS OF IOWA, June 28, 2006, Filed
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Overview: Appellate court affirmed the termination of a father's parental rights under Iowa Code § 600A.8(3)(b) as the father had spent little time with the child since his birth due to the father's incarceration, the father could not demonstrate support of the child, and the child was fearful of the father.
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