Johnston v. McCargar
Joseph Johnston, Plaintiff-Appellee,
vs.
Hollie McCargar, Defendant-Appellant,
and
State Farm Mutual Automobile Insurance Company, Defendant.
Attorney for Appellant
Elizabeth A. Culhane and Sarah M. Dempsey (until withdrawal)
Attorney for Appellee
Jason D. Walke
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Considered by Bower, C.J., Tabor, J., and Scott, S.J. Opinion by Tabor, J. (8 pages)
In this interlocutory appeal, we must decide if good cause existed to extend the deadline to serve Joseph Johnston’s petition on defendant Hollie McCargar. McCargar contends the district court erred in finding that Johnston’s settlement negotiations with her insurer justified an extension. OPINION HOLDS: After examining all the facts surrounding Johnston’s failure to serve McCargar within ninety days, we find “understandable mitigating circumstances” amounting to good cause. Rucker v. Taylor, 828 N.W.2d 595, 603 (Iowa 2013). We thus affirm the denial of McCargar’s motion to dismiss.
