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| Alexander Techs. Eur., Ltd. v. Macdonald Letter Serv., No. 7-183 / 05-2023,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Where a manufacturer allowed a supplier to use molds to produce products, the manufacturer was properly granted summary judgment as to its petition for a writ of replevin because, although the petition failed to comply with Iowa Code § 643.1(3), the manufacturer owned the disputed property; other errors did not prejudice the assignee.
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| Ameriquest Mortg. Co. v. Lacroix, No. 7-372 / 06-1802,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: A finding against the borrowers in a foreclosure action was proper, in part because, without proof that the existing loan agreement or forbearance agreement did not express the true agreement of the parties, the district court had no basis from which to use its equitable powers to reform the loan agreement.
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| Bartels v. Wis. Mut. Ins. Co., No. 7-336 / 06-1794,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: In a declaratory judgment action brought by plaintiffs against insurer for UIM coverage, district court properly used the significant relationship test to determine that Wisconsin law applied. Although the accident occurred in Iowa, plaintiffs were residents of Wisconsin, and the insurance policy was purchased in Wisconsin.
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| Grover v. Employment Appeal Bd., No. 7-340 / 06-2081,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Neither employment appeal board or district court erred in finding hearsay evidence sufficiently reliable to constitute substantial evidence to support the board's decision that former employee had engaged in misconduct by using illegal drugs at the workplace in violation of the employer's policy and was thus not entitled to unemployment benefits.
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| Hamilton County v. Webster County, No. 7-181 / 05-1827,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: In a dispute regarding the payment of bills of a mentally retarded state hospital inmate, because, under former Iowa Code §§ 230.1, 252.17 the inmate's legal settlement was the same as that of her parents in Hamilton County, the trial court erred in concluding that her legal settlement was in Webster County, where the parents eventually moved.
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| In re Crow, No. 7-297 / 06-1999,
COURT OF APPEALS OF IOWA, June 27, 2007, FiledFiled
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Overview: Judgment providing the mother with physical care of the minor child was affirmed because the appellate court found that the district court carefully reviewed the evidence before making its determination, when the psychologist recommended primary placement with the mother, with ongoing and frequent visitation for the father.
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| In re Estate of Eggers, No. 7-315 / 06-0487,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Denial of the son's application to set aside his mother's will was affirmed because the mother's will was properly executed, when two witnesses to the will observed the mother sign the will and signed the will in the testatrix's presence and in the presence of each other.
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| In re Estate of Schares, No. 7-316 / 06-0511,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Court erred in overruling son's objections to final report where executor of his mother's estate did not meet her burden of proof as to son's alleged debt; only scant information was presented by executor, including filing of final report. Executor held burden to prove information and allegations in the report, including proving existence of debt.
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| In re Guardianship of Briggs, No. 7-378 / 06-2083,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: The fact that a maternal grandmother cared of a biological father's son and a bond developed between the grandmother and the son was insufficient to overcome the parental preference under Iowa Code § 633.559. When a social worker did not meet the father or observe the son with his father, her testimony was of little value.
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| In re Marriage of Davies, No. 7-339 / 06-2037,
COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Court had not failed to follow procedures of Iowa R. Civ. P. 1.1012 and 1.1013 as it did not reverse its decision about nature of the wife's response to husband's petition to dissolve marriage; court stated it was not aware wife had filed something with court that could only purport to have been an answer to petition for dissolution of marriage.
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