Opinion
No. 07-1031.
April 9, 2008.
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.
[EDITORS' NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]
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, 919 (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).