FINLEY v. ESTATE OF DEGRAZIO

No. 94,698.

170 P.3d 407 (2007)

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

Supreme Court of Kansas.

November 2, 2007.


Attorney(s) appearing for the Case

Terri L. Fahrenholtz, of Brennan Law Group, P.A., of Wichita, argued the cause, and Larry Wall and John L. Brennan, of the same firm, were with her on the briefs for appellant.

Matthew P. Sorochty, of Woodard, Hernandez, Roth & Day, LLC, of Wichita, argued the cause, and Peter G. Collins and Nancy Ogle, of the same firm, were with him on the briefs for appellee Sam Simon.

Kenneth E. Pierce, of Pierce Law Office, of Hutchinson, was on the briefs for appellee Estate of Charles "Don" DeGrazio.

James D. Oliver, of Foulston Siefkin LLP, of Wichita, argued the cause, and Amy Lemley, of the same firm, was with him on the briefs for appellees Terry L. Mills and Leslie M. Luinstra.


The opinion of the court was delivered by NUSS, J.:

After a district court judge granted a 30-day extension to obtain service of process on defendants, plaintiff Kelly A. Finley timely effected service. A subsequent district court judge ruled that Finley had not shown the requisite good cause for the extension under K.S.A. 60-203(a) and set aside the order. As a result, her action was not timely commenced and was dismissed.

The Court of Appeals applied the...

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