The Iowa Court of Appeals will hear oral arguments in three cases in the Carroll High School Auditorium, 2809 North Grant Road, Carroll, September 21, 2023, at 10:00 a.m. The hearings are open to the public, and the court encourages people to attend.
The court will hear attorneys argue the cases of Rolenc v. Rolenc/Aqua Palace, Inc. v. Red Oak Diesel Clinic, a Montgomery County case, Calabretto Building Group v. Tradesmen International, LLC, a Polk County case, and State v. Harrington, a Clay County case.
Case context:
22-1274 Rolenc v. Rolenc/Aqua Palace, Inc. v. Red Oak Diesel Clinic
Scott Rolenc and Aqua Palace, Inc. filed two actions against the Rolenc family and Red Oak Diesel Clinic (RODC), requesting the return of equipment, tools, and personal property on the premises of RODC, and recognition of Aqua Palace’s purchase of RODC inventory. Following trial, the district court denied the claim with regard to an alleged purchase of RODC inventory. The court ordered the return of specific tools and equipment of Scott’s being stored at RODC, but it denied Scott’s claim with regard to other items that Scott had not proved were his. And the court denied a claim with regard to unpaid expenses for RODC remodeling work completed by Aqua Palace. The court also rejected RODC’s counterclaims against Scott for breach of fiduciary duty and fraud.
22-1184 Calabretto Building Group v. Tradesmen International, LLC
Calabretto Building Group hired Tradesmen International, LLC to provide a forklift operator for a storage-facility construction project in Ankeny. Tradesmen assigned forklift operator Marcus Johnson to the job. While operating the forklift, Johnson ran into a precast beam, knocking it to the floor, and causing a large hole in the floor. The forklift was also damaged. The incident caused Calabretto to incur repair costs and expenses of $61,653.92. Calabretto filed a petition against Tradesmen, asserting claims of negligence against Johnson. Calabretto sought to impose liability upon Tradesmen for Johnson’s alleged negligence under the doctrine of respondeat superior. Tradesmen denied liability. Following a hearing, the district court granted Tradesmen’s motion for summary judgment and dismissed the case.
22-0755 State v. Harrington
On October 4, 2020, Emilee Boeve drove to Jaykie Harrington’s home to return Harrington’s dog and some laundry. Boeve brought two of the couple’s children with her. An argument ensued between the adults, and Harrington started a chainsaw and followed Boeve outside to her car with it running. Boeve left and called the police to report what happened. She also stated Harrington appeared to be “impaired or high” and he had “choked their five-year-old child.” Police sought and obtained a warrant to search Harrington’s home. During the search, police noticed marks on the garage door consistent with chainsaw marks. Police also found methamphetamine, amphetamine, and paraphernalia. A no-contact order was entered upon Harrington’s arrest. Following trial, the jury found Harrington guilty of possession with intent to manufacture or deliver a controlled substance, child endangerment, failure to affix a drug tax stamp, possession of a controlled substance, and domestic abuse assault, second offense.
The Iowa Court of Appeals is an intermediate appellate court. It reviews appeals from trial court decisions that have been transferred to the Court of Appeals by the Supreme Court. A decision of the Iowa Court of Appeals is final unless reviewed by the Iowa Supreme Court on grant of further review. Some opinions of the Iowa Court of Appeals are published and become precedent for subsequent cases. The majority of appeals filed in Iowa are decided by the Court of Appeals.
Appeals cases are a multi-judge review of a single judge’s decision. There are no jury members at these proceedings. Typically, the Court of Appeals decides cases with randomly selected panels that change in composition every three months. For more information about the Iowa Court of Appeals and the Iowa court system, visit the Iowa Judicial Branch website at https://www.iowacourts.gov/.
Note to news media
News media are invited to attend the oral arguments. Court rules apply regarding still camera, video camera, audio recording devices, and other electronic devices used during the oral arguments. Information on expanded media coverage is available on the Iowa Judicial Branch website at https://www.iowacourts.gov/newsroom/expanded-news-media-coverage/.
The Iowa Court Rules regarding cameras and other electronic devices in courtrooms are on the Iowa Legislature website at https://www.iowacourts.gov/newsroom/expanded-news-media-coverage/.
For More Information:
Steve Davis
Communications Director
Iowa Judicial Branch
[email protected]