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Case No. 20-0879

Patricia K. Carlson
v.
Second Succession, LLC, Iowa Commercial Advisors, LLC d/b/a Cushman & Wakefield Iowa Commercial Advisors, and Jones Property Services, Inc.

Patricia K. Carlson seeks further review of the court of appeals decision that affirmed the dismissal of her personal injury lawsuit against defendants. The court of appeals determined the district court did not err in dismissing her petition on the basis the clerk returned the filing two days before the deadline, and Carlson did not resubmit the petition until three business days after the clerk returned it. See Jacobs v. Iowa Dep’t of Transp., 887 N.W.2d 590, 599 (Iowa 2016) (stating a resubmitted filing can relate back to the original submission date for purposes of satisfying an appeal deadline when three specific criteria are satisfied).

County:
Linn

Applicant

Patricia K. Carlson

Resisters

Second Succession, LLC, Iowa Commercial Advisors, LLC d/b/a Cushman & Wakefield Iowa Commercial Advisors, and Jones Property Services, Inc.

Attorneys for Applicant

John C. Wagner

Attorneys for Resisters

Alex E. Grasso

Matthew G. Novak
Bradley J. Kasper

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0879
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Linn County, Fae Hoover-Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., Greer, J., and Mahan, S.J.  Opinion by Mahan, S.J.  (4 pages)

            Patricia Carlson appeals the dismissal of her personal injury action against Second Succession, LLC; Iowa Commercial Advisors, LLC; and Jones Property Services, Inc.  Carlson contends the district court erred in dismissing her lawsuit on statute-of-limitations grounds. OPINION HOLDS: We affirm the court’s dismissal of Carlson’s petition.

Other Information

Date Retained:
Aug 26, 2021
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