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Case No. 18-1655

For summaries from opinions prior to August, 2018, view PDF versions here

Alexa Anthony
v.
60th Street III, L.C. and Professional Property Management, Inc.

Appellant

Alexa Anthony

Appellee

60th Street III, L.C. and Professional Property Management, Inc.

Attorneys for Appellant

Ben Arato

Attorneys for Appellee

Michael Carmoney and Jack W. Leverenz

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1655
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Polk County, David May, Judge.  AFFIRMED.  Considered by Mullins, P.J., Bower, J., and Vogel, S.J.  May, J., takes no part.  Opinion by Vogel, S.J.  (8 pages)

            Alexa Anthony appeals from the district court orders granting motions to dismiss from both 60th Street III, L.C. (60th Street) and Professional Property Management, Inc. (PPM).  She argues good cause existed to permit her additional time to serve 60th Street and her amended petition adding PPM as a defendant properly related back to her initial petition.  OPINION HOLDS: Anthony has not shown good cause for failing to timely serve 60th Street and no state of facts exists under the petitions for PPM to know she intended to name them as defendant within the time to bring her claim.  Therefore, we affirm the dismissals of both defendants. 

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