Case law

In the Interest of C.K.

558 N.W.2d 170 · Supreme Court of Iowa · Jan 22, 1997

The question is often a painful one: whether the best interests of the child demand a result that will be heartbreaking for parents who are clearly unable to fill the parenting role. … Accordingly the legislature, in Code section 232.116(l)(g)(3), has established a six-month standard.

Todd P. Halbur v. Stephen Larson, Administrator of the Alcoholic Beverages Division, in his Official Capacity

Supreme Court of Iowa · Dec 6, 2024

That section establishes a public policy against retaliatory discharge of public employees and considers the violation of the statute to be a public harm. Id. at 716. Section 70A.28 provides: 2. … He argued that neither incident Halbur complained of—the excess price markup and the BMI contract— qualified as a “disclosure” within the meaning of section 70A.28 because Larson and ABD already knew of the conduct.

State of Iowa v. Patrick Ryan Nicoletto

845 N.W.2d 421 · Supreme Court of Iowa · Apr 11, 2014

The State also maintains the holder of a coaching authorization must complete special training on topics not within the scope of common knowledge, which qualifies the holder of a coaching authorization as a professional. … The legislature has thus established an exclusive licensing regime for athletic trainers. It has not done so for coaches, but has instead established a separate track for authorizations.

State of Iowa v. Lee Samuel Christensen

929 N.W.2d 646 · Supreme Court of Iowa · Jun 7, 2019

The majority emphasized that in order to qualify under the rule, the error must be of a kind that “affects substantial rights” of the party. Id. … Gomez Garcia, 904 N.W.2d 172, 177 (Iowa 2017) (“ ‘[A]buse of discretion occurs when a district court exercises its discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.’

State v. Wilson

157 Iowa 698 · Supreme Court of Iowa · May 6, 1913

The statement in the instruction was qualified by other language, so that, while *704 the instruction was criticised, the case was not reversed. … Townsend testified, without objection, that when they embalm a body they establish a circulation through the veinous system; and, if any difliculty arises in establishing it until the chest is filled with fluid, it would

State v. Badgett

167 N.W.2d 680 · Supreme Court of Iowa · May 6, 1969

It is well established that the exclusion of evidence tending to show a certain fact where the fact in question is fully *686 established by other admitted evidence is not error. State v. … Generally, before the trial court can be put in error for the admission or rejection of testimony, it must be clearly shown that the attorney who considered himself aggrieved insisted on a ruling and that the court failed

Master Builders of Iowa, Inc. v. Polk County

653 N.W.2d 382 · Supreme Court of Iowa · Nov 22, 2002

By late fall 2001, lobbying of varying degrees by both sides of the issue clearly had become an undercurrent to the Board's consideration of a PLA for the Events Center project. … However, it will be easy for union personnel to prefer their own members over nonunion workers on the subjective ground they are more qualified.

State v. Lopez

633 N.W.2d 774 · Supreme Court of Iowa · Sep 6, 2001

To establish an abuse of discretion, Lopez must show that “the court exercised the discretion on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. … I don’t know who I would replace at this point in time who would be better qualified to represent you.

State of Iowa v. James Robert Downey

893 N.W.2d 603 · Supreme Court of Iowa · Apr 14, 2017

“Absent a statutory definition or an established meaning in the law, we give words used by the legislature their ordinary and common meaning by considering, among other things, the context in which they are used.” … Atkins, 303 S.W.2d 720, 726 (Tenn. 1957) (per curiam) (holding “[o]nly” is a word of restriction as to that which it qualifies and a word of exclusion as to other things).

Local Lodge No. 1426, International Ass'n of MacHinists & Aerospace Workers v. Wilson Trailer Co. of Sioux City

289 N.W.2d 608 · Supreme Court of Iowa · Mar 19, 1980

The collective bargaining agreement established a three-step grievance procedure. … In our view, an agreement to forbid any judicial participation in the resolution of important disputes would have to be written much more clearly than this, (footnote omitted).

Gravert v. Nebergall

539 N.W.2d 184 · Supreme Court of Iowa · Oct 25, 1995

At first blush this would appear to be a routine order within the power of fence viewers when establishing a parti *186 tion fence under the authority provided by Iowa Code chapter 359A. … These *189 eases make it clear that both the statute and constitutional grants of home rule power are carefully qualified so as to withhold the grant of power where it conflicts with state statute.

Fabricius v. Horgen

257 Iowa 268 · Supreme Court of Iowa · Jan 12, 1965

There is no claim that he has ever been appointed or qualified as such. He is an Iowa administrator representing decedents’ estates. … The nature of the action (assumpsit) was challenged but the court said: “* * * the recovery sought is clearly a tort recovery — damages to decedent’s estate as a result of decedent’s negligently caused death.

Wiley v. Wiley

171 Iowa 390 · Supreme Court of Iowa · Feb 26, 1915

Their manner of living accounts in large measure for this and, in any event, lapse in this duty is only corroborative evidence in establishing the' ground of divorce alleged. … The record fails to establish cruelty on defendant’s part endangering the life of plaintiff, and this was essential to justify the entry of a decree.

State v. Cross

68 Iowa 180 · Supreme Court of Iowa · Dec 19, 1885

The depositions were taken by Murray Ilanson, who designated himself in his 0fg^cjap certificate as a notary^ pulolio of the state of Maryland, duly commissioned and qualified, residing in the city of Baltimore and state … On that point they express no opinion, because they think that, as the evidence which established the killing also showed that the defendant and the deceased were engaged in a struggle when the fatal shot was fired, and as

Rodenburg v. Rodenburg

247 Iowa 444 · Supreme Court of Iowa · Jan 10, 1956

Both plaintiff and defendants cite certain well-established rules of law, which we repeat. The cardinal princi,ple in construing wills is to find the real intent of the testator, and to give it effect. … It creates what is variously known in the law as a conditional, or defeasible, or base or qualified fee. We have recognized and discussed the nature of conditional or defeasible fees in many cases.

Evans v. Stewart

245 Iowa 1268 · Supreme Court of Iowa · Oct 19, 1954

The receiver qualified and took over the property on April 26, 1951, and, pursuant to order of court, and consent of parties, the property was sold for $1700; the court reserving all questions as to priority among claimants … It separates 'that property from any other property the insolvent debtor might own and establishes a lien thereon in favor of the county.

Jerry D. Longfellow Vs. Hal Sayler

Supreme Court of Iowa · Aug 10, 2007

On our review, we find as a matter of law the record establishes the neighbor’s fence did not comply with the agreement. … The district court found the agreement between the parties clearly refers to Code section 113.20.

Mason City Brick & Tile Co. v. Lamson

190 Iowa 365 · Supreme Court of Iowa · Dec 20, 1920

Most clearly, this question should not be passed upon if the decision of avoidance propositions in a given way will make such question an immaterial one. … Assume it may not *378 command a second payment where, before the statute became ■effective, the party was immune from second payment.

Hills & Dales Child Development Center v. Iowa Department of Education and Keystone Area Education Agency and Dubuque Community School District, Intervenors

Supreme Court of Iowa · Dec 30, 2021

The core of the IDEA is “the cooperative process that it establishes between parents and schools.” Schaffer v. Weast, 546 U.S. 49, 53 (2005). … ABA therapy’s critical value to a child with autism would qualify the treatment as reason for an excused absence from school.”

In the Interest of B.B.M.

514 N.W.2d 425 · Supreme Court of Iowa · Apr 14, 1994

In their petition of intervention, the grandparents stated two reasons that they qualified as interested persons. … There the parents’ rights were involuntarily terminated and the children were old enough to have already established bonds of affection with their grandparents.