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| Alcoa Emples. & Cmty. Credit Union v. Tooley, No. 6-699 / 06-0095,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Statute of limitations on a written promissory note began to run as of the date of default, not date the proceeds from the sale of the collateral were credited to the account. Thus, district court's summary judgment in favor of debtors and against credit union, based on the 10-year statute of limitations, Iowa Code § 614.1(5) (2003), was affirmed.
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| Coy v. Ezarski (In re Estate of Anton), No. 6-678 / 05-1534,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Because a duplex in which a one-half interest was devised to the testatrix's step-daughter was adeemed when it became necessary to sell the duplex to pay the testatrix's mounting debts, the court affirmed the district court order denying the step-daughter's claim against the estate seeking money for her interest in the duplex.
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| Felderman v. City of Maquoketa, No. 6-428 / 05-1407,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: A directed verdict was granted in favor of a city on the claim of negligent design and construction of a community center arising from a fatal fall because the city was immune under Iowa Code § 670.4(8) based on the fact that an executor failed to show a temporal link between certain regulations and the time that the center was constructed.
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| Harney v. Iowa Civ. Rights Comm'n, No. 6-302 / 05-0439,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court affirmed Iowa Civil Rights Commission's finding of no probable cause on employee's pregnancy discrimination claim against her former employer because the record contained evidence from which a reasonable fact-finder could have found that the employer had a legitimate business reason for eliminating the employee's part-time position.
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| Hunter v. City of Des Moines Mun. Hous. Auth., No. 6-338 / 05-0375,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Summary judgment granted on the tenant's contract claim was reversed and remanded for further proceedings because the Housing Authority was not entitled to rely upon findings made in a grievance proceeding to preclude adjudication of the breach of contract claim, particularly when a state court had found non-compliance with Iowa Code § 562A.27.
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| In re Marriage of Eilander, No. 6-469 / 05-2140,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court erred in granting husband's proposed QDRO which stated that the wife would not have right to any increases in benefits under his pension plan because: (1) wife had not received notice of proposed QDRO; (2) no hearing was scheduled; and (3) the ruling was inconsistent with unambiguous divorce decree awarding wife "an interest in all benefits."
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| In re Marriage of Gray, No. 6-605 / 05-0466,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: In a divorce proceeding, the trial court did not abuse its discretion when it imposed sanctions against the husband, pursuant to Iowa R. Civ. P. 1.517(2) for the husband's failure to provide interrogatory answers to the wife. The trial court's decision to preclude the husband's evidence at trial was not unreasonable.
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| In re Marriage of Swails, No. 6-643 / 06-0275,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Trial court did not err in denying mother's request for reimbursement of purely voluntary expenses for one of her children and in refusing to modify child support provision of decree as father had voluntarily agreed at time of the 2002 modification to pay more child support for his other daughter than that required by the child support guidelines.
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| In the Interest of A.C.D., No. 6-705 / 06-1030,
COURT OF APPEALS OF IOWA, September 21, 2006, Filed
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Overview: Court affirmed termination of a mother's parental rights under Iowa Code § 232.116(1)(h) (2005) because a service worker testified that it would be at least three months, but more likely six months, before any reunification might occur once mother was released from jail and mother probably did not have ability to act in her child's best interest.
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