78 results for 'judge:"Buller"'.
J. Buller finds that defendant was properly denied relief from the conviction imposed upon his guilty plea to child endangerment resulting in death for abusing and starving his 16-year-old adopted child. Defendant contends he did not understand the plea agreement, but counsel clearly explained the mandatory minimum component. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 23-1331, Categories: Sentencing, Child Victims
J. Buller finds that defendant was properly convicted of assault and criminal mischief for headbutting a patron outside of a bar in front of another witness and shattering the bar window with his boot. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 24, 2024, Case #: 22-1364, Categories: Assault
J. Buller finds that a father was properly denied modification of a custody decree because he failed to demonstrate that the mother's new job and schedule constituted a change in circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: April 10, 2024, Case #: 23-1314, Categories: Family Law
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J. Buller finds that a father's parental rights were properly terminated since he used methamphetamine while caring for his daughter, who was afraid of him, and became aggressive and violent toward staff while his daughter was removed from him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 24-0093, Categories: Family Law
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: Arbitration, Employment
J. Buller finds that defendant was properly sentenced to prison in claims brought after she stepped out of her home while her young child was in the bathtub, only to find her child face-down in the water, which caused a permanent brain injury. The child and his siblings all tested positive for multiple illegal drugs, and they had multiple incidents with the department of human services. Meanwhile, the sentencing court was not bound to accept a deferred sentence recommendation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0961, Categories: Sentencing, Child Victims
J. Buller finds that beneficiaries were properly denied termination of a trust because continuing the trust was necessary to carry out the decedent's objective of protecting beneficiaries from bad financial decisions should they receive lump payments. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 22-2052, Categories: Trusts
J. Buller finds that a father's parental rights were properly terminated. He denied being the child's biological father and behaved inappropriately during visits, which caused the child to express she did not wish to have a parental relationship with him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 12, 2024, Case #: 23-1676, Categories: Family Law
J. Buller finds that a father was properly ordered to pay child support following a dissolution of marriage because the fact that the parties' daughter had a child and had moved in with the child's 16-year-old father did not terminate the father's obligation, and evidence indicates the daughter had not become self-supporting. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0638, Categories: Family Law
J. Buller finds that a company that leased arcade games was not owed payment in a contract dispute with the arcade because the company was not owed lease payments on gaming machines after terminating its contract by letter. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1697, Categories: Contract
J. Buller finds that the lower court properly excluded testimony in finding for plaintiff in negligence claims stemming from a car collision because the other party failed to preserve error since he did not identify the testimony in question. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1628, Categories: Negligence
J. Buller finds that a family settlement agreement was invalid after the distribution of an estate came into question because the beneficiaries entered the agreement before their interests in the estate vested, and two beneficiaries died before the will was admitted to probate. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1671, Categories: Settlements, Wills / Probate
J. Buller finds that a professor was properly disciplined for plagiarism in her academic work since she had faced prior discipline for plagiarism and had failed to include attribution in her work, while blaming editors rather than taking responsibility for the error. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0426, Categories: Education, Employment
J. Buller finds that defendant was properly convicted of murder and child endangerment resulting in death because evidence indicated the toddler was bruised black and blue, and the child's mother testified that defendant, her boyfriend, had beaten him and refused to take him for medical care even though the child was struggling to breathe. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: February 21, 2024, Case #: 22-1683, Categories: Murder, Child Victims
J. Buller finds that the parties' parental rights were properly terminated based on their history of domestic violence and illegal drug use and because they violated no-contact orders against one another. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-1892, Categories: Family Law
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