Opinion
No. 08-1241.
June 17, 2009.
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.
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. See Iowa R. App. P. 6.24(1), (4) (2008).