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:
Date Published:
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.