Kelsey Anne Littleton
v.
Tyler Andrew Hansen
Appellee
Kelsey Anne Littleton
Appellant
Tyler Andrew Hansen
Attorney for the Appellee
Kelsey Littleton, self-represented
Attorney for the Appellant
Tyler Hansen, self-represented
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Brendan Greiner, Judge. REVERSED AND REMANDED. Considered without oral argument by Ahlers, P.J., and Badding and Buller, JJ. Opinion by Ahlers, P.J. (7 pages)
Kelsey Littleton filed suit against Tyler Hansen in small claims court. Because he was not served with original notice within the ninety-day period required by Iowa Rule of Civil Procedure 1.302(5), Hansen filed a motion to dismiss. The small claims court denied the motion. Hansen appealed to the district court, which affirmed the denial. Hansen’s application for discretionary review was granted by the supreme court, and the case was transferred to our court. On appeal, Hansen contends the district court erred in affirming the denial of his motion to dismiss. OPINION HOLDS: Littleton failed to meet her burden to establish good cause for the delay in service. Accordingly, we reverse and remand to the district court for an entry of order dismissing Littleton’s cause of action without prejudice.
