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Case No. 23-1255

Kimberly Ann Tillman
v.
Jason Lee Hinson, Sentry Insurance Group, Dairyland Auto, Viking Insurance Company of Wisconsin

Appellant

Kimberly Ann Tillman

Appellee

Jason Lee Hinson, Sentry Insurance Group, Dairyland Auto, Viking Insurance Company of Wisconsin

Attorney for the Appellant

Kimberly Tillman, self-represented

Attorneys for the Appellee

Zachary Clausen, for Jason Hinson
Maggie E. Frei and Matthew D. Hammes, for Viking Insurance Company of Wisconsin

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1255
Date Published:
Feb 19, 2025
Summary

            Appeal from the Iowa District Court for Woodbury County, Robert D. Tiefenthaler, Judge.  AFFIRMED.  Considered by Badding, P.J., Langholz, J., and Bower, S.J.  Opinion by Langholz, J.  (8 pages)

            Kimberly Tillman appeals the dismissal of her suit against Jason Hinson for lack of service.  OPINION HOLDS: The district court correctly dismissed Tillman’s suit against Hinson without prejudice under Iowa Rule of Civil Procedure 1.302(5).  Sending the original notice by certified mail is not proper personal service under our rules.  Even if it were proper service, Hinson did not receive the original notice until after Tillman’s much-extended deadline for service.  And we cannot consider any of Tillman’s other arguments because they were not decided by—or for some, even raised to—the district court.

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