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John R. Berding
v.
Menards, Inc.
Appellant
John R. Berding
Appellee
Menards, Inc.
Attorney for the Appellant
William P. Baresel
Attorney for the Appellee
Paul J. Hammell and Kristine L. Britven
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Cerro Gordo County, DeDra L. Schroeder, Judge. AFFIRMED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Schumacher, J. (7 pages)
John Berding appeals from the dismissal of his petition based on failure to comply with Iowa Rule of Civil Procedure 1.302(5). OPINION HOLDS: Berding argues the district court erred by granting Menards, Inc.’s motion to dismiss for failure to serve the defendant within ninety days after the filing of his petition. Because we agree with the district court’s determination that Berding failed to demonstrate good cause in delaying service, we affirm the dismissal.
