Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0473

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:
18-0473
Date Published:
Jan 09, 2019
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.

© 2023 Iowa Judicial Branch. All Rights Reserved.