ESTATE OF KUHNS v. MARCO

No. 99-0930.

620 N.W.2d 488 (2000)

ESTATE OF Dorothy KUHNS, and Jeff Kuhns and Pearl Guy, Legal Representatives of the Deceased and Executors of the Estate, Appellants, v. Dale MARCO, Appellee.

Supreme Court of Iowa.

December 20, 2000.


Attorney(s) appearing for the Case

Brad Schroeder of the Crawford Law Firm, Des Moines, for appellants.

Douglas A. Haag of Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, L.L.P., Des Moines, for appellee.

Considered en banc.


CADY, Justice.

In this appeal, we must decide if Iowa Rule of Civil Procedure 69(e) requires a defendant to receive notice of the action prior to the expiration of the statute of limitations before an amendment to the petition to add a plaintiff may be deemed to relate back to the original petition when the action was filed prior to the expiration of the statute of limitations. The district court concluded notice was required to be received prior to the expiration...

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