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FINLEY v. ESTATE OF DE GRAZIO

No. 94,698.

148 P.3d 1284 (2006)

Kelly A. FINLEY, Appellant, v. ESTATE of Charles "Don" DE GRAZIO, CRNA; Sam Simon, CRNA; Leslie M. Luinstra, M.D.; and Terry L. Mills, M.D., Appellees.

Court of Appeals of Kansas.

November 17, 2006.

Attorney(s) appearing for the Case

Larry Wall, of Larry Wall Law Office, of Wichita, and Terri Fahrenholtz and John L. Brennan, of Brennan Law Group, P.A., of Wichita, for appellant.

Amy S. Lemley and James D. Oliver, of Foulston Siefkin, LLP, of Wichita, for appellees Leslie Luinstra and Terry Mills.

Kenneth E. Peirce, of Peirce Law Office, of Hutchinson, for appellee estate of DeGrazio.

Peter G. Collins, Nancy Ogle, of Woodard, Hernandez, Roth & Day, L.L.C., of Wichita, for appellee Sam Simon.

Before RULON, C.J., GREENE, and HILL, JJ.

GREENE, J.

Kelly A. Finley appeals the district court's dismissal of her medical malpractice suit as untimely filed after her counsel failed to serve process on all defendants within 90 days of filing her petition, even though she effected service within a 30-day extension granted her by a different district judge under K.S.A. 60-203(a)(1). When that extension order was set aside after her 90 days had expired, she argued that the doctrine of unique circumstances should...

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