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Case No. 20-1465

Malea D. Merchant
Garrett Lee Wilson


Malea D. Merchant


Garrett Lee Wilson

Attorney for the Appellant

Jeffrey L. Clark

Attorney for the Appellee

Joshua R. Strief

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 16, 2022

            Appeal from the Iowa District Court for Benton County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by May, P.J., Ahlers, J., and Mullins, S.J.  Opinion by Ahlers, J.  (7 pages)

            Malea Merchant appeals the grant of summary judgment in favor of Garrett Wilson on the basis of defective service of original notice.  OPINION HOLDS: We find no genuine issue of material fact that the manner of service of original notice on Wilson was defective.  Serving Wilson’s mother at her residence at a time when Wilson did not live there is not effective substitute service.

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