Carlson v. Second Succession, LLC
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The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the district court concluding that Plaintiff's filed petition did not relate back to her previously rejected filing, holding that the district court did not err in granting Defendants' motion to dismiss.
Plaintiff filed this personal injury suit against Defendants one day after the two-year statute of limitations set forth in Iowa Code 614.1(2). Defendants filed a motion to dismiss the petition on the grounds that Plaintiffs' claims were time-barred. In response, Plaintiff argued that her untimely petition related back to the date she attempted to file her petition but the clerk of court rejected it due to Plaintiff's failure to include personal identification information with the proposed filing. The district court dismissed the action, concluding that the filed petition did not relate back to the rejected filing. The court of appeals affirmed. The Supreme Court affirmed, holding that Plaintiff's filing did not relate back to her attempted filing.
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