Skip to main content
Iowa Judicial Branch
Main Content

Case No. 20-0078

John R. Berding
v.
Menards, Inc.

Appellant

John R. Berding

Appellee

Menards, Inc.

Attorneys for Appellant

William P. Baresel

Attorneys for Appellee

Paul J. Hammell and Kristine L. Britven

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0078
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge.  AFFIRMED.  Considered by Bower, C.J., and Doyle and Schumacher, JJ.  Opinion by Schumacher, J.  (7 pages)

            John Berding appeals from the dismissal of his petition based on failure to comply with Iowa Rule of Civil Procedure 1.302(5).  OPINION HOLDS: Berding argues the district court erred by granting Menards, Inc.’s motion to dismiss for failure to serve the defendant within ninety days after the filing of his petition.  Because we agree with the district court’s determination that Berding failed to demonstrate good cause in delaying service, we affirm the dismissal.

© 2022 Iowa Judicial Branch. All Rights Reserved.