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| Al-Jurf v. Bd. of Regents, No. 7-409 / 06-1621,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Trial court properly affirmed a university hospital's decision to terminate a doctor's employment as substantial evidence showed that he violated the professional ethics and academic responsibility policy in the university operations manual by his belittling, derogatory, and insulting behavior towards student, and threats towards another physician.
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| Breitbach v. Iowa DOT, No. 7-376 / 06-1887,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: A trial court properly upheld Iowa Department of Transportation's revocation of petitioner's driver's license for operating a motor vehicle while intoxicated where it was the Commissioner's duty as the trier of fact to weigh the evidence and decide the facts in issue; the cited fact findings were supported by the testimony of deputies at the scene.
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| Burich v. John Deere Des Moines Works, No. 7-405 / 06-1251,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Decision of the workers' compensation commissioner finding that an employee failed to prove that his wrist injury was compensable and actually occurred when he worked on a cement project outside of work should not have been reversed under Iowa Code § 86.26 as it was the commissioner's responsibility to sort through the conflicting evidence.
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| Freeze v. Elsbury, No. 7-400 / 06-1037,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Plaintiff's application to extend a bankruptcy judgment against defendant for at least 10 years to allow more time for collection was denied where plaintiff failed to commence an action as required by Iowa Code §§ 614.1(6) and 614.3 (2006). Plaintiff also did not comply with the requirements of Iowa R. Civ. P. 1.301(1).
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| Goodrich v. Thompson, No. 7-067 / 06-0428,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Parties did not dispute defendant was in fiduciary relationship with plaintiffs' aunt as result of power of attorney when transfers were made; defendant met burden of proof of showing that she did not advise or influence aunt to make transfers. Defendant also did not breach fiduciary duty as to cashing of certificates of deposit.
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| Harper v. Pella Corp., No. 7-404 / 06-1198,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Evidence failed to show a dangerous condition on stairs where party fell as he had knowledge of circumstances and appreciated any risk; finish on stairs was appropriate and was not slick, another person walked on the stairs in his stocking feet without falling, and although being slick might have been a defective condition, looking slick was not.
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| In re Greder, No. 7-154 / 06-1525,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: While both parents were capable, the trial court did not err in denying shared primary care of the child under Iowa Code § 598.41(5) as the father it would not have been in the child's best interest; the father was too lenient, allowed too much absenteeism from school, and did not give careful attention to the child's homework.
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| In re K.L., No. 7-511 / 07-0903,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Termination of the parents' parental rights under Iowa Code § 232.116 was in the child's best interests as the mother had unresolved mental health issues, no income aside from state assistance, and could not live independently, and the father had a long criminal history, including a pending assault charge wherein he faced 10 years imprisonment.
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| In re Klaas, No. 7-373 / 06-1804,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Under Iowa Code § 598.21, lake property in Canada that a husband inherited from his father should have been excluded from the property division provisions of a decree dissolving the husband's marriage to his wife. Equity did not favor the division of the lake property.
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| In re M.A., No. 7-445 / 07-0900,
COURT OF APPEALS OF IOWA, July 12, 2007, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(k) because the mother was hospitalized on two occasions for mental illness during pendency of case, and despite receiving extensive mental health services, she was still not capable of supervising children alone. Termination was also in the children's best interests.
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