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Case No. 20-0078

John R. Berding
Menards, Inc.


John R. Berding


Menards, Inc.

Attorney for the Appellant

William P. Baresel

Attorney for the Appellee

Paul J. Hammell and Kristine L. Britven

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 02, 2020

            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.

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