In re the Estate of Mrla
In re the Estate of George Mrla, Mary Georgianna Hiner and Georgie Ann Quinlain, as executor of the Estate of George Mrla, deceased, as Trustees of the Anka Mrla and George Mrla Family Trust Dated August 14, 2015, and Individually, Plaintiffs-Appellants
Robert Marion Richard Mrla, Respondent-Appellee
Attorney for Appellant
Glenn A. Metcalf
Attorney for Appellee
Michael W. Ellwanger
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge. REVERSED AND REMANDED. Considered by Potterfield, P.J., and Tabor and Bower, JJ. Opinion by Bower, J. (11 pages)
Defendants appeal the district court decision finding there was good cause for the failure of Robert Mrla to timely serve notice of his petition to set aside a will and petition for breach of contract to make a will. OPINION HOLDS: We find Robert was required to serve notice to the defendants. The defendants’ petition for declaratory judgment did not waive their claims regarding untimely service of process. The district court erred in finding Robert showed good cause for the delay in service. We reverse the decision of the district court and remand.
