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   State Courts - Iowa - July 26, 2006

  
Benki v. City of Des Moines, No. 6-318 / 05-1115, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Trial court properly upheld the City's termination of a public works employee as the employee's outburst at a medical clinic where he was getting care as a city employee and his pattern of obstreperous behavior towards his direct supervisor constituted misconduct under Iowa Code § 400.18.

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Coffman v. Kind & Knox Gelatine, Inc., No. 6-239 / 05-1065, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Employee's challenge to the workers' compensation commissioner's award of 95 weeks of permanent partial disability benefits was remanded back to the commissioner as the appellate court could not determine whether the commissioner compensated the employee for a scheduled injury or for injury to the body as a whole under Iowa Code § 85.34(2)(s), (u).

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Herrick v. United States Bank, N.A. (In re Estate of Herrick), No. 6-323 / 05-1452, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: The district court did not err in approving the reasonable fees of the executor's attorney for services rendered in the administration of the estate, Iowa Code §§ 633.197-198, given the size of the estate, the tasks performed prior to filing the fee application, and the tasks yet to complete at the time the fee application was filed.

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In re Marriage of Baker, No. 6-445 / 05-0514, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: District court made an equitable division of property in a marital dissolution pursuant to Iowa Code § 598.21(1) save for two items; record indicated car had a value of $ 28,000, not $ 14,000, and a property had a value of $ 140,000, not $ 237,000; there was no testimony nor documentation in record supporting court's valuations of those items.

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In re Marriage of Lee, No. 6-193 / 05-1248, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: District court did not err in granting primary physical care of parties' two daughters to father, finding, among other things, that mother (1) had been physically abusive to father, noting mother was the only one charged with domestic abuse assault; (2) lacked credibility; and (3) demonstrated an unwillingness to allow father in children's lives.

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In re Vitalis Trust, No. 6-330 / 05-1762, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: District court retained jurisdiction to enter orders in probate proceeding approving trustees' annual reports and accountings, awarding extraordinary fees, and assessing the fees against the beneficiaries' shares as district court did not rule that prior appeal deprived it of jurisdiction and beneficiaries did not bring omission to its attention.

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In the Interest of A.D., No. 6-592 / 06-0898, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: An order terminating a mother's parental right to her children was affirmed, where it was discovered that a man who had been convicted of child endangerment and other criminal charges was staying at the mother's home even though the mother had been informed that no males were to be residing in the home during a trial placement.

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In the Interest of D.A., No. 6-568 / 06-0897, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: An order terminating a mother's parental rights pursuant to Iowa Code § 232.116(1)(f) (2005) was upheld where the child's foster parents, with whom he had established a good relationship, were interested in adopting him and could provide a good home for him. Reasonable efforts to prevent the child's removal and to reunify the family were made.

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In the Interest of J.G., No. 6-591 / 06-0937, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Termination of mother's parental rights was upheld under Iowa Code § 232.116(1)(f), as she admitted to severe substance-abuse problem, she acknowledged that child could not be returned to her care for three months, and termination was in child's best interests because mother's bond with child was severed because of failure to address addictions.

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In the Interest of J.N.H., No. 6-516 / 06-0829, COURT OF APPEALS OF IOWA, July 26, 2006, Filed
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Overview: Court affirmed termination of mother's parental rights under Iowa Code § 232.116(1)(g) because just a year prior to the birth of the child at issue, mother's parental rights to another daughter were terminated. Court affirmed termination of the father's parental rights under § 232.116(1)(h) based on his ongoing history of drug use and jail time.

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