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FISHER v. DeCARVALHO

No. 104,644.

260 P.3d 1218 (2011)

45 Kan.App. 2d 1133

Melanie A. FISHER, Appellant, v. Alex F. DeCARVALHO, M.D., Appellee.

Court of Appeals of Kansas.

June 24, 2011.

Attorney(s) appearing for the Case

Lynn R. Johnson and David R. Morantz , of Shamberg, Johnson & Bergman, Chartered, of Kansas City, MO, for appellant.

Janet M. Simpson and Trevin Wray , of Holbrook & Osborn, P.A., of Overland Park, for appellee.

Before MALONE, P.J., PIERRON and ARNOLD-BURGER, JJ.

MALONE, J.

Melanie A. Fisher appeals the district court's decision dismissing with prejudice her cause of action against Alex F. DeCarvalho, M.D. on the ground that Fisher failed to properly serve process on DeCarvalho prior to the expiration of the statute of limitations. Fisher claims the district court erred in dismissing her cause of action because she substantially complied with the statutory method for service of process by certified mail, and DeCarvalho acknowledged...

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