Case law

Rudolph v. Iowa Methodist Medical Center

293 N.W.2d 550 · Supreme Court of Iowa · Jun 18, 1980

However, while the rule establishes a deadline by which the motion for extension must be filed, it does not purport to prohibit an earlier filing. Cf. Bloom v. … First, the negligent health care provider is given special privileges and immunities not afforded other tortfeasors.

Trobaugh v. Sondag

668 N.W.2d 577 · Supreme Court of Iowa · Sep 4, 2003

These limitations are most clearly manifested in the specific exceptions to the act, which describe the categories of claims for which the State has not waived its sovereign immunity. See Iowa Code § 669.14 . … Other courts have observed that the achievement of relief from a conviction should simply be a factor in the analysis of causation and damages when establishing a legal malpractice claim. See Brewer v.

Leland v. Johnson

227 Iowa 520 · Supreme Court of Iowa · Nov 21, 1939

Leland, appellant herein, was appointed executrix and she qualified as such. … Tbe trial court was clearly warranted, under tbe record herein, in finding tbat, if there was any such loan and promise, tbe transaction occurred prior to November 1,1912, and tbe mere posting of interest, as it accrued,

State v. Rodriquez

636 N.W.2d 234 · Supreme Court of Iowa · Nov 15, 2001

An abuse of discretion occurs when the trial court exercises its discretion “on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Maghee, 573 N.W.2d 1, 5 (Iowa 1997). … Thus, the trial court’s decision will not be overturned unless the trial court “exercised [its] discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” Maghee, 573 N.W.2d at 5 .

Briner v. Hyslop

337 N.W.2d 858 · Supreme Court of Iowa · Aug 17, 1983

As we noted in Dickerson , however, the legislature has recently provided that cities are to be immune from suits for punitive damages. 332 N.W.2d at 105 ; see Iowa Code § 613A.4(5) (1983). … There is no abuse of discretion unless “that discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Morrison, 323 N.W.2d 254, 256 (Iowa 1982).

Stevens v. Iowa Newspapers, Inc.

728 N.W.2d 823 · Supreme Court of Iowa · Mar 9, 2007

juxtaposes a series of facts so as to imply a defamatory connection between them, or (2) creates a defamatory implication by omitting facts, [such that] he may be held responsible for the defamatory implication, unless it qualifies … Under New York Times a plaintiffs proof that the statement in question is false is insufficient to establish defamation.

State of Iowa v. David Howard Rooney

Supreme Court of Iowa · Apr 10, 2015

Compare Iowa Code § 713.3(2) (establishing first-degree burglary as a class “B” felony), with id. § 713.5(2) (establishing second-degree burglary as a class “C” felony), with id. … § 713.6A(1) (establishing third-degree burglary as a class “D” felony or an aggravated misdemeanor).

Bell Ex Rel. Bell v. Bell

240 Iowa 934 · Supreme Court of Iowa · Aug 5, 1949

There is here no indication of any gentleness of character or understanding of human nature necessary to qualify one for the task of rearing a child. … It does not reveal (at least not clearly) what arrangement plaintiff has made or could make for the child’s care. We have little insight into the attitude of his parents.

State v. Clay

213 N.W.2d 473 · Supreme Court of Iowa · Dec 19, 1973

And a finding of guilt is binding on this court unless without substantial support in the record, or is clearly against the weight thereof. State v. Still, 208 N.W.2d 887, 888 (Iowa 1973). I. … The witness, as manager, was qualified to state security conditions of the yard. As pointed out, defendant on appeal argues only the question of relevancy and materiality.

Seeman v. Iowa Department of Human Services

604 N.W.2d 53 · Supreme Court of Iowa · Dec 22, 1999

The language establishing the lien of section 249A.6 is broadly applicable to recoveries of medical expenses whether from the tortfeasor or the aid recipient’s own insurance carrier. … When we are asked to address the constitutionality of a legislative enactment, we are obliged to accord it every presumption of validity, upsetting it only upon proof that the act clearly infringes constitutional rights and

Hunter v. Colfax Consolidated Coal Co.

175 Iowa 245 · Supreme Court of Iowa · Nov 24, 1915

And in no conceivable case may the just judge give effect to legislation which clearly violates the • fundamental law. … At the outset, we find the clearly established rule that the courts must not interfere unless the exercise of the police power is an arbitrary invasion of substantial private rights, by means of “illegal or palpably unjust

In Re Estate of Schwertley

228 Iowa 1209 · Supreme Court of Iowa · Aug 6, 1940

Schwertley then became the duly appointed, qualified, and acting administrator with the will annexed, posted notice of his appointment, and continued to act as sole administrator c. t. a. until about June 23, 1939, at which … There were debts, although not established at the time the will went into effect.

McDaniel v. Farmers St. Bk. of Yale

210 Iowa 1287 · Supreme Court of Iowa · Oct 21, 1930

The burden rested upon the appellant to establish his claim of forgery of said instrument. … Some admissions of genuineness were made by the appellant, which, however, were afterward qualified or withdrawn.

State v. Dixon

241 N.W.2d 21 · Supreme Court of Iowa · Apr 14, 1976

United States, 362 U.S. 257, 260-261 , 80 S.Ct. 725, 730-731 , 4 L.Ed.2d 697 , 702-703: "`In order to qualify as a "person aggrieved by an unlawful search and seizure" one must have been a victim of a search or seizure, one … Once the officers learned one of the wallets taken from Truss had been stolen *25 in the tavern robbery, they clearly had probable cause to place all of the vehicle occupants under arrest.

Wagner v. Wagner

242 Iowa 480 · Supreme Court of Iowa · Jan 9, 1951

Have the Appellees established fraud upon the part of Harry and LeRoy Wagner? … It was no part of the conveyance but served only to limit or qualify the conveyance.

State v. Hickman

195 Iowa 765 · Supreme Court of Iowa · Apr 3, 1923

Furthermore, qualified electors of the state, possessing other specified requisite qualifications, are competent jurors. … Clearly, the jury was justified in finding that the cause of death of deceased.was a gunshot wound fired by the defendants, or one of them.

Joshua Richard Braunschweig Vs. Summer Rae Fahrenkrog, F/k/a Summer Rae Frank

Supreme Court of Iowa · Oct 16, 2009

The question we must answer is at what point must the name issue be addressed to qualify as an initial name determination. … The elements of claim preclusion are clearly met in this case. Braunschweig and Fahrenkrog were the parties in both the first and second actions.

McFerren v. First National Bank

214 Iowa 198 · Supreme Court of Iowa · Nov 17, 1931

On January 23, 1929, the plaintiff was appointed guardian of the minor, William Stephenson, and duly qualified as such. Prior to this time, the minor had no guardian. … In the case at bar, the evidence is uncontradicted, and conclusively establishes that the purported signature attached to the waiver is not that of the minor, and the bank officers had full knowledge of said fact.

Fenske v. State

592 N.W.2d 333 · Supreme Court of Iowa · Mar 24, 1999

In Dunn , the defendant testified before a federal grand jury under a grant of immunity. His testimony implicated a fellow inmate in various drug-related offenses. … The State’s theory that Besco had sole authority to determine who could enter the house was clearly not established by sufficient evidence.

Knapp v. Simmons

345 N.W.2d 118 · Supreme Court of Iowa · Feb 15, 1984

When such a duty has been established, compliance with the duty is determined by the trier of fact. … The exception spelled out in Wright clearly places a duty upon a lessor to disclose known hidden or latent defects on rented premises.