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| Archibald v. Southwest Iowa Planning Council, No. 6-547 / 05-1572,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Because the record, viewed in light most favorable to an employee against whom summary judgment was granted on her contract, wrongful discharge, and defamation claims, presented no disputed issue of material fact to any of her claims against her employer, defendants were entitled to judgment as a matter of law, pursuant to Iowa R. Civ. P. 1.981(3).
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| Arndt v. City of LeClaire, No. 6-387 / 05-1694,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: District court's decision reversing the denial of workers' compensation benefits was affirmed because the district court simply considered all the record evidence and determined that the City's admissions of a work-related injury on June 14, 2001 trumped the qualitatively weaker statements attributed to the claimant by medical personnel.
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| Beaubien v. Alden, No. 6-456 / 05-1491,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: As both parents (who were never married) loved their child and could adequately parent the child, and as the mother had been a good custodial parent to date, there was no reason to modify the trial court's custody decision awarding the parties joint legal custody and primary physical custody to the mother.
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| Brammer v. Sioux Ctr. Cmty. Sch. Dist., No. 6-250 /05-1218,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Court affirmed a judgment denying a student's motion for new trial following a jury verdict in favor of a school district on the student's premises liability claim; the student did not provide a transcript on appeal, which precluded the court from determining whether the student's theories were supported by the pleadings and the evidence.
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| Brick Haus, Inc. v. Bd. of Adjustment, No. 6-554 / 05-1637,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: A trial court properly upheld a decision by a board of adjustment denying a property owner's request for a special exception to keep its nonconforming sign where the decision of the board was not contrary to the legislative purpose of Iowa Code § 303.41 (2005), which was to conserve the distinctive historical and cultural character of the area.
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| Brincks v. Glens Falls Ins. Co., No. 6-389 / 05-1956,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Dismissal of suit seeking underinsured motorist benefits was affirmed because there was substantial evidence to support the jury's finding that the only damage the insured suffered as a result of driver's negligence was the $ 303 medical bill for checking her condition the day following the accident.
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| City of Fort Dodge v. Chastain, No. 6-535 / 05-1080,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Appellate court affirmed the dismissal of a city's action against an individual to recover funds that the city believed were paid to the individual in error as the city and the individual were both subject to a collective bargaining agreement that required the city to submit the matter to arbitration.
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| Hosch v. Rolle, No. 6-580 / 06-0080,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Issuance of a domestic abuse protective order was reversed because the phone call made by a father to a mother wherein he stated that he hoped the mother and her husband died did not constitute an assault under Iowa Code § 708.1 as the message did not indicate that the father meant to harm the mother and her husband.
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| In re Coats, No. 6-509 / 06-0452,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Appellate court affirmed the trial court's denial of the father's petition for joint physical care as the court was not required to order joint physical care under Iowa Code § 598.41(5) and there was evidence that the temporary joint physical care was disruptive to the child's sleeping and eating patterns.
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| In re Marriage of Carlson, No. 6-353 / 05-1764,
COURT OF APPEALS OF IOWA, August 9, 2006, Filed
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Overview: Alimony award was affirmed because several statutory factors under Iowa Code § 598.21(3) supported the district court's award, when the parties were married for twenty-six years, the wife' earnings were less than half of the husband's, and the wife had a limited work history.
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