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John Dzian
v.
Menard, Inc.
Appellant
John Dzian
Appellee
Menard, Inc.
Attorney for the Appellant
Francis E. Younes
Attorney for the Appellee
Stephen G. Kersten
Court of Appeals
Court of Appeals Opinion
Opinion Number:
18-1802
Date Published:
Jul 24, 2019
Summary
Appeal from the Iowa District Court for Clay County, David A. Lester, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Gamble, S.J. Opinion by Gamble, S.J. (5 pages)
John Dzian appeals from the district court’s pre-answer dismissal of his tort claim. OPINION HOLDS: The district court did not err in granting the defendant’s pre-answer motion for dismissal when the Dzian failed to serve the defendant within ninety days and no good cause justified the delay.