BRIAN M. BARKER, Plaintiff-Appellant, vs. NEIL McMAHON, M.D., Defendant-Appellee.

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IN THE COURT OF APPEALS OF IOWA No. 9-333 / 08-1241 Filed June 17, 2009 BRIAN M. BARKER, Plaintiff-Appellant, vs. NEIL McMAHON, M.D., Defendant-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Jon C. Fister, Judge. Brian Barker appeals from the district court’s denial of Barker’s motion for reinstatement of his medical malpractice case. AFFIRMED. Patrick W. O'Bryan, Des Moines, and Peter W. Berger, Urbandale, for appellant. George L. Weilein of Gallagher, Langlas & Gallagher, P.C., Waterloo, for appellee. Considered by Mahan, P.J., and Eisenhauer and Mansfield, JJ. 2 PER CURIAM Brian Barker appeals from the district court’s denial of Barker’s motion for reinstatement of his medical malpractice case against Neil McMahon, contending the district court erred in failing to find the dismissal of his case pursuant to Iowa Rule of Civil Procedure 1.944 was excusable as oversight, mistake, or inadvertence. We affirm without opinion. (2008). AFFIRMED. See Iowa R. App. P. 6.24(1), (4)

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