81 results for 'judge:"Buller"'.
J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: Landlord Tenant, Attorney Fees, Contract
J. Buller finds that a restaurant was properly ordered to pay on a lease after vacating the space prior to termination based on the restaurant's admission that it broke the lease. However, the restaurant is not responsible for property damages sought by the plaza because the restaurant had been renovating the space for its next tenant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1822, Categories: Property, Contract
J. Buller finds that the lower court properly found for a tiling company after a tenant refused to pay for drainage tile work performed on a farm because the tenant waived claims seeking summary judgment by failing to order a necessary transcript, and an expert witness testified that the work had been well executed and had produced improved crop yields. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1459, Categories: Construction, Contract
J. Buller finds that a family farm was properly partitioned because a hybrid partition requiring one family member to make an owelty payment to balance the ledger was practical and equitable. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1780, Categories: Property
J. Buller finds that the lower court should have held that an LLC had standing to file suit against a member-manager in a dispute among three brothers over their farm because all disinterested members authorized litigation, which overrode the requirement for unanimous consent of all member-managers. Reversed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1601, Categories: Contract
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J. Buller finds that a mother's parental rights were properly terminated since she absconded from work release and relapsed on methamphetamine, and she had been evading an arrest warrant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-1661, Categories: Family Law
J. Buller finds that defendant was properly denied relief from his conviction for robbing a payday lender. Defendant contends counsel should have objected to the admission of a gun during trial, but the trial transcript indicates defendant instructed counsel to withdraw the objection for strategic purposes after discussing pros and cons. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1285, Categories: Evidence, Ineffective Assistance, Robbery
J. Buller finds that defendant was properly convicted of involuntary manslaughter after colliding with another boat on the river, killing two people. Witnesses said defendant had been racing his boat irresponsibly and traveling at excessive speeds just before the collision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 22-1293, Categories: Evidence, Manslaughter
J. Buller finds that a mother was properly awarded physical care of the parties' child in this custody dispute because the father, who had a criminal history, failed to establish a relationship with the child for the first 10 years of her life and remained in arrears on child support. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0306, Categories: Family Law
J. Buller finds that plaintiff's son was properly appointed her guardian and conservator because she had a history of schizophrenia and delusions; she had contacted police 17 times with unsubstantiated allegations that her house had been broken into or that she had been poisoned; and she was at risk of sending money to predators with whom she was planning to escape. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 22-1859, Categories: Guardianship
J. Buller finds that an estate administrator was properly denied an order requiring delivery of property in claims contending his daughter was in wrongful possession of proceeds from the sale of her grandfather's home before his death. The proceeds were held in a bank account jointly belonging to the grandfather and granddaughter, and she was entitled to such after her father became estranged from the grandfather 10 years before the latter passed away. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0337, Categories: Wills / Probate
J. Buller finds that a custody order was properly modified to place the children in the mother's physical care because the children better responded to the mother's nurturing approach after she moved out of state, while chafing at the the father's authoritarianism and physical discipline. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0049, Categories: Family Law
J. Buller finds that defendant was properly convicted of first-degree murder because evidence demonstrated defendant willfully ran over the victim with his truck after they got in a fistfight in a bar. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: December 6, 2023, Case #: 22-0299, Categories: Evidence, Murder
J. Buller finds that a mother's parental rights were properly terminated since she lived with unknown men and failed to supervise her children, failing to prevent the men from sexually abusing them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 21, 2023, Case #: 23-1253, Categories: Family Law
J. Buller finds that property was properly divided in a dissolution of marriage since financial evidence did not support the wife's claims regarding negative tax consequences of an equalization payment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 21-1201, Categories: Family Law
J. Buller finds that defendant was properly denied relief from the attempted murder conviction based upon his Alford plea to stabbing his wife. Defendant contends he entered the plea based on faulty advice from his attorney, but failed to prove he would have demanded a trial under different circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 21-1335, Categories: Ineffective Assistance, Murder, Plea
J. Buller finds that financial provisions were properly determined in a dissolution of marriage because the court arrived at a fair valuation of a condominium property by splitting the difference between the husband's low-ball estimate and the wife's unrealistically high calculation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 22-1513, Categories: Family Law
J. Buller finds that the lower court improperly declined to quiet title in a property dispute between neighbors because credibility findings were based on an affidavit not admitted into evidence. Reversed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 22-1651, Categories: Property
J. Buller finds that plaintiff was properly denied unemployment benefits after he was fired based on the suspicion that he had been using drugs while working in a safety-sensitive position because he failed to serve the grain company a copy of the petition seeking judicial review. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-1691, Categories: Civil Procedure, Employment
J. Buller finds that the lower court properly dismissed a petition to establish paternity, custody, physical care, and visitation because a DNA test already proved plaintiff was not the biological father of the child in question. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-1686, Categories: Family Law
J. Buller finds that a trooper's petition seeking a writ of mandamus against the department of public safety was properly dismissed after he sought temporary incapacitation benefits for Covid-19 because the trooper failed to prove his diagnosis resulted from work-related exposure or injury. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-0798, Categories: Employment, Covid-19