Case law

Iowa Land Title Ass'n v. Iowa Finance Authority

771 N.W.2d 399 · Supreme Court of Iowa · Aug 21, 2009

The legislature established the title guaranty program. Iowa Code § 16.91 (2007). The Iowa Title Guaranty Division is the agency that administers this program. Id. §§ 16.2(1), 16.91(1). … the Iowa Code nor the Administrative Code in place at the time of the board’s decision defined the term “hardship” as used in section ld^l©. 1 When the legislature used the term “hardship” in section 16.91(5), it did not qualify

State v. Mason

203 N.W.2d 292 · Supreme Court of Iowa · Dec 20, 1972

Obviously it was not the legislative intent to immunize a defendant held to answer for a public offense from all subsequent charges on unrelated offenses. … Clearly, defendant could have been arrested on the date he wrote the check and obtained the car. The offense was then complete.

Christine Kostoglanis v. Leroy L. Yates and Diamond Medical Spa & Vein, P.C.

Supreme Court of Iowa · Mar 12, 2021

Obviously, that is not what the legislature intended in enacting the statute, and its careful choice of language—“arising from patient care”—clearly limits the protection of the statute to claims resulting … Kostoglanis could not establish liability for any of her claims without first establishing that Yates lacked the qualifications to perform the procedures and that Yates failed to perform the procedures within

Kliebenstein v. IA CONF. OF UN. MET. CHURCH

663 N.W.2d 404 · Supreme Court of Iowa · Jun 11, 2003

Defendants counter that adjudication of plaintiffs' claims would necessarily entangle the court in church doctrine, a matter clearly beyond its jurisdiction. … By its very nature, the controversy before us implicates the Establishment Clauses of the federal and Iowa constitutions.

Mason v. Robinson

340 N.W.2d 236 · Supreme Court of Iowa · Nov 23, 1983

The qualified reporter privilege, recognized by the Supreme Court in Branzburg v. … Further confusion will result because the litigant seeking to compel expert testimony must show that other "qualified" witnesses are "unavailable." Yet, who is qualified and what makes a witness available?

Cairns v. Grinnell Mutual Reinsurance Co.

398 N.W.2d 821 · Supreme Court of Iowa · Jan 14, 1987

Well-established principles govern our interpretation of this insurance policy, a form of written contract. … In exploring statutory intent, we have consistently reasoned that qualifying words and phrases ordinarily refer only to the immediately preceding antecedent. *825 State v.

Headington v. North Winneshiek Community School District

254 Iowa 430 · Supreme Court of Iowa · Nov 13, 1962

The statute clearly contemplates that there may be vacancies in election personnel and that vacancies should be filled. … , and the actual result thereof is clearly ascertained.

Albright v. Moeckley

209 Iowa 1304 · Supreme Court of Iowa · Apr 14, 1930

Fred Carlson was appointed and qualified as administrator of his estate, February 17, 1926. … The relief sought is, however, clearly stated. Although the ease is triable de novo in this court, review must be of the record as it was presented to the trial court.

Gilliland v. Inabnit

92 Iowa 46 · Supreme Court of Iowa · Oct 11, 1894

Watts is not questionable, and we think said former action was clearly within the rule of that ease. … The trust being established, her relations under the will and otherwise were mere matters of evidence showing her interest in the trust property.

State v. Burris

194 Iowa 628 · Supreme Court of Iowa · Oct 17, 1922

and qualified. … until their successors were duly appointed and qualified.

Christine Kostoglanis v. Leroy L. Yates and Diamond Medical Spa & Vein, P.C.

Supreme Court of Iowa · Mar 12, 2021

Obviously, that is not what the legislature intended in enacting the statute, and its careful choice of language—“arising from patient care”—clearly limits the protection of the statute to claims resulting … Kostoglanis could not establish liability for any of her claims without first establishing that Yates lacked the qualifications to perform the procedures and that Yates failed to perform the procedures within

Mack v. Proctor

103 Iowa 232 · Supreme Court of Iowa · Oct 15, 1897

Proctor was appointed and qualified as executrix thereof, and took possession of, and proceeded to settle, the estate. … The rule is well established and undisputed that the election must appear in the record. In re Frank’s Estate, 97 Iowa, 704 In Craig v.

State v. Guzman-Juarez

591 N.W.2d 1 · Supreme Court of Iowa · Mar 24, 1999

Clearly, the statute does not instruct the court to apply a margin of error in determining the alcohol concentration established by the test. … The intoxilyzer certification established a margin of error of ± .004 or 5%, whichever is greater.

Kounce v. City of Des Moines

230 Iowa 760 · Supreme Court of Iowa · Jun 17, 1941

In 1931, the Forty-fourth General Assembly, chapter 149, chapter 293.1, Code 1939, required the establishment of a permanent park board in cities having a population of 125,000 or more. … Lee Keyser, is the duly elected and qualified Superintendent of Parks in the City of Des Moines. Plaintiff, W. A. Kounce, and defendant, Perry F.

Buck v. MacEachron

209 Iowa 1168 · Supreme Court of Iowa · Mar 18, 1930

Buck was named as executor in his wife’s will, and duly qualified and acted as such. Appellee A. MaeEachron is the administrator of the estate of A. P. … Buck, and the owner of a claim duly established in his favor in probate against the estate of Alice Buck for funeral expenses.

Storbeck v. Fridley

240 Iowa 879 · Supreme Court of Iowa · Jun 14, 1949

Anderson, had attended the deceased as a physician from September to- December 1945, and testified as to his condition. .This witness was a regularly qualified physician. … The point in issue was clearly stated by the court and the only question before them was as to the mental condition of the decedent at the time of the execution of the will.

Churchill Truck Lines, Inc. v. Transportation Regulation Board of the Iowa Department of Transportation

274 N.W.2d 295 · Supreme Court of Iowa · Jan 24, 1979

This means we can intercede only when Commission is clearly shown to have acted unconstitutionally, in violation of statutory mandate, or absent substantial support in the record. … In fact, Churchill does not even claim Ar-ledge is not qualified; it merely claims it is less qualified than Churchill.

Buena Vista County v. Marathon Savings Bank

198 Iowa 692 · Supreme Court of Iowa · Jan 10, 1924

Clearly, the county is the real party in interest. This is irrevocably established by the pleadings and the proof. … Clearly, the money belonged to the county, and clearly, it constituted a debt owing by the bank to the county. A debt includes every obligation by which one is bound to pay money. Swanson v.

Buckingham v. Federal Land Bank Ass'n

398 N.W.2d 873 · Supreme Court of Iowa · Jan 14, 1987

Absent consideration of the effect of the prior settlement agreement, the doctrine of issue preclusion clearly is applicable to this case. … All prerequisites for the defensive use of issue preclusion are established here. Further, *877 unlike Adam , a final judgment on the merits was entered by district court.

State v. Green

722 N.W.2d 650 · Supreme Court of Iowa · Oct 13, 2006

On July 27, 2003, Keiaffa Green was cited for driving ninety-two in a sixty-five mph zone, a “serious violation” qualifying her for a license suspension under Iowa Code section 321.210(1)(/’). … This saving provision clearly contemplates that the notice had been “mailed by first class mail.” In the present case, there was no proof that the notice was in fact mailed.