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Case No. 18-1321

Bridgette Ferguson and Robert Rutledge
v.
David Jones and Veritiv Operating Company

Appellant

Bridgette Ferguson and Robert Rutledge

Appellee

David Jones and Veritiv Operating Company

Attorney for the Appellant

Jeff Carter and Zachary C. Priebe

Attorney for the Appellee

Michael L. Moran

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1321
Date Published:
Mar 20, 2019
Summary

            Appeal from the Iowa District Court for Warren County, Martha L. Mertz, Judge.  AFFIRMED.  Considered by Vogel, C.J., and Doyle and Mullins, JJ.  Opinion by Doyle, J.  (8 pages)

            Plaintiffs appeal from the district court’s dismissal of their lawsuit for failing to serve the defendants within the ninety-day window required by Iowa Rule of Civil Procedure 1.302(5).  OPINION HOLDS: Defendants’ motion to dismiss was not untimely.  Plaintiffs made no showing of good cause for not serving within the Iowa Rule of Civil Procedure 1.302(5) ninety-day limit.  Consequently, the district court did not err in dismissing plaintiffs’ lawsuit.   

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