Judge, Court of Appeals of Iowa
Larsen v. Oakland Community School District
Court of Appeals of Iowa · 1987-09-30 · cited 3×
In Larsen v. Oakland Community School District, a probationary art teacher and coach appealed the termination of his contract by the school board at the end of the 1984-85 school year, arguing that the board missed statutory deadlines under Iowa Code section 279.16, lacked impartiality due to prior observations of his teaching, and failed to provide sufficient evidence for its budgetary rationale. The district court upheld the termination, and the appellate court affirmed after reviewing the record for errors of law under Iowa Code section 279.18. The court found the board complied with required timelines and procedures for the private hearing and decision, showed no evidence of bias, and noted that for probationary teachers the board's decision is final unless it violates constitutional or public employee rights, which the teacher did not allege.
labor & employmentprocedure
In Re Marriage of Metcalf
Court of Appeals of Iowa · 1987-08-26 · cited 1×
This case involved a dispute over whether a court could order mandatory income withholding for delinquent alimony payments under Iowa Code chapter 252D when the recipient also had custody of the couple's minor children. The trial court refused to quash the withholding order, and the appellate court affirmed that decision. The court reasoned that the statute's definition of "support" includes spousal support if it is contained in a child support order, distinguishing this situation from a prior case where no children were involved. The parties' 1985 dissolution decree had granted physical care of four children to the wife along with child support and alimony payments from the husband.
family lawprocedure
AMCO Insurance Co. v. Stammer
Court of Appeals of Iowa · 1987-06-24 · cited 12×
This case was a declaratory judgment action by AMCO Insurance against policyholders Randy and Rhonda Stammer over coverage for fire damage to their home under a casualty policy that excluded coverage for intentional concealment or misrepresentation. The fire was caused by arson, and AMCO alleged the Stammers' involvement and fraud in the claim; the Stammers counterclaimed for breach of contract and torts. The district court denied the Stammers' motion for partial summary judgment on Rhonda's contract claim, dismissed the tort claims on summary judgment, excluded late-disclosed expert testimony as a discovery sanction, and entered judgment on a jury verdict for AMCO. On appeal, the court affirmed, ruling that Rhonda's affidavit denial failed to show the absence of genuine factual issues, that the sanction was within the trial court's discretion because the witness qualified as an expert and supplementation was untimely, and that no other errors warranted reversal.
business & regulatoryproceduretorts & liability
Steinbach v. Meyer
Court of Appeals of Iowa · 1987-06-24 · cited 8×
The case involved plaintiffs, who were farmers and their business, suing a law firm and attorney for alleged legal malpractice and negligence arising from a conflict of interest. The firm had performed legal work for the plaintiffs, including drafting incorporation papers and a cattle feeding contract tied to a debt restructuring with a bank, but the attorney also served on the bank's board and voted to terminate the plaintiffs' line of credit and pursue foreclosure shortly after. The trial court granted summary judgment for the defendants, and the plaintiffs appealed, arguing genuine issues of material fact existed on the attorney-client relationship and the firm's conduct. The appellate court affirmed, holding that no attorney-client relationship existed with respect to the specific acts at issue and that summary judgment was proper as a matter of law under Iowa standards for reviewing such motions.
torts & liabilityprocedure
In Re the Marriage of Stanley
Court of Appeals of Iowa · 1987-06-24 · cited 14×
This case concerned applications to modify a 1982 Iowa dissolution decree, with the mother seeking increased child support and the father requesting physical care or joint legal custody of their child. The trial court raised support to $60 per week, denied any custody change, and awarded the mother attorney fees and costs. On de novo review, the Court of Appeals affirmed, holding that the statutory change favoring joint custody constituted a material change in circumstances but that clear and convincing evidence of the parents' ongoing lack of cooperation showed joint custody would be unreasonable and not in the child's best interest. The court also upheld the support modification as equitable and found the fee award proper after examining the parties' finances and the results of the applications.
family law
State v. Ripperger
Court of Appeals of Iowa · 1987-05-28 · cited 3×
The case involved Loren Ripperger, who was convicted of lascivious acts with a child under Iowa Code § 709.8 based on allegations that he committed the offense against his five-year-old step-granddaughter. The primary issue on appeal was the admissibility of expert medical testimony indicating that the victim's physical condition was consistent with repeated digital penetration, which the defendant argued constituted improper evidence of prior bad acts under Iowa Rule of Evidence 404(b). The court affirmed the conviction, holding that the testimony was admissible either as direct corroboration of the charged incident or under the recognized exception to rule 404(b) for evidence showing a passion or propensity for illicit sexual relations with the particular victim in sex crime cases. The core reasoning was that the evidence was relevant to facts of consequence in the case and that its probative value was not substantially outweighed by the risk of unfair prejudice.
criminal lawprocedure