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Case No. 18-1802

John Dzian
Menard, Inc.


John Dzian


Menard, Inc.

Attorney for the Appellant

Francis E. Younes

Attorney for the Appellee

Stephen G. Kersten

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 24, 2019

            Appeal from the Iowa District Court for Clay County, David A. Lester, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Gamble, S.J.  Opinion by Gamble, S.J.  (5 pages)

            John Dzian appeals from the district court’s pre-answer dismissal of his tort claim.  OPINION HOLDS: The district court did not err in granting the defendant’s pre-answer motion for dismissal when the Dzian failed to serve the defendant within ninety days and no good cause justified the delay.

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