Judith K. Buckner and Mark A. Buckner
v.
Great Southern Bancorp, Inc., d/b/a Great Southern Bank, A Missouri Corporation
Appellee
Judith K. Buckner and Mark A. Buckner
Appellant
Great Southern Bancorp, Inc., d/b/a Great Southern Bank, A Missouri Corporation
Attorney for the Appellee
Emilie Roth Richardson
Attorney for the Appellant
J. Scott Bardole
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Henry W. Latham, II, Judge. REVERSED AND REMANDED. Considered by Vogel, P.J., and Vaitheswaran and McDonald, JJ. Opinion by Vaitheswaran, J. (6 pages)
In this interlocutory appeal, Great Southern Bancorp, Inc., d/b/a Great Southern Bank (“Great Southern”) challenges the district court’s denial of its pre-answer motion to dismiss Judith and Mark Buckner’s personal injury action for failure to serve process. OPINION HOLDS: We conclude the order extending the time for service was not supported by good cause, and because the extension order was unsupported by good cause, it could not serve as the basis for denying Great Southern’s motion to dismiss. We therefore reverse the order denying Great Southern’s motion to dismiss and remand for dismissal of the petition.