THE ESTATE OF DANIELLE KAY JONES BY AND THROUGH ITS PERSONAL REPRES ENTATIVE KAREN BRODSACK; and KAREN BRODSACK INDIVIDUALLY, Plaintiffs-Appellants, vs. WHITE'S IOWA INSTITUTE d.b.a. QUAKERDALE and CHERYL TANIS INDIVIDUALLY AS ADMINISTRATOR OF QUAKERDALE, Defendants-Appellees.
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IN THE COURT OF APPEALS OF IOWA
No. 8-159 / 07-1031
Filed April 9, 2008
THE ESTATE OF DANIELLE KAY
JONES BY AND THROUGH ITS
PERSONAL REPRESENTATIVE
KAREN BRODSACK; and KAREN
BRODSACK INDIVIDUALLY,
Plaintiffs-Appellants,
vs.
WHITE'S IOWA INSTITUTE d.b.a.
QUAKERDALE and CHERYL TANIS
INDIVIDUALLY AS ADMINISTRATOR
OF QUAKERDALE,
Defendants-Appellees.
________________________________________________________________
Appeal from the Iowa District Court for Hardin County, Carl D. Baker,
Judge.
Plaintiffs appeal from the district court’s order dismissing their petition.
AFFIRMED.
Douglas Daggett, Creston, for appellants.
David Riley, Waterloo, for appellees.
Considered by Sackett, C.J., and Vogel and Vaitheswaran, JJ.
2
VOGEL, J.
The plaintiffs appeal from the district court’s order dismissing their petition
based upon untimely service of process. The plaintiffs assert on appeal that
although they completed service 121 days after their petition was filed, they have
shown good cause warranting an extension of time.
We review motions to
dismiss for correction of errors at law. Iowa R. App. P. 6.4; Crall v. Davis, 714
N.W.2d 616, 619 (Iowa 2006). The district court concluded that the failure to
accomplish service within ninety days was due to inadvertence and did not rise to
good cause.
Because we agree with the district court’s careful fact finding,
reasoning and application of the law, we affirm pursuant to Iowa Court Rule
21.29(1)(a), (c), (d), (e).
AFFIRMED.
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