from the Iowa District Court for Polk County, David May,
Anthony appeals from the district court's grant of
motions to dismiss from 60th Street III, L.C. and
Professional Property Management.
Arato of Wandro & Associates, P.C., Des Moines, for
Michael Carmoney and Jack W. Leverenz of Carmoney Law Firm,
PLLC, Des Moines, for appellees.
Considered by Mullins, P.J., Bower, J., and Vogel, S.J.
[*] May, J.,
takes no part.
Anthony appeals from the district court orders granting
motions to dismiss from both 60th Street III, L.C. (60th
Street) and Professional Property Management, Inc. (PPM). She
argues good cause existed to permit her additional time to
serve 60th Street and her amended petition adding PPM as a
defendant properly related back to her initial petition. We
find she has not shown good cause for failing to timely serve
60th Street and no state of facts exists under the petitions
for PPM to know she intended to name them as defendant within
the time to bring her claim. Therefore, we affirm the
dismissals of both defendants.
Background Facts and Proceedings
April 28, 2017, Anthony filed her petition seeking recovery
for a slip-and-fall injury occurring January 31, 2016. She
named Sun Prarie [sic] of West Des Moines, L.L.C. (Sun
Prairie) as the only defendant in the petition, asserting she
"was a tenant in [the] property owned by defendant Sun
Prairie." Sun Prairie filed an answer in which it denied
owning the property at issue. However, Sun Prairie
participated in discovery, providing names and contact
information for persons with discoverable information,
maintenance and tenancy records, an insurance policy for the
property that named 60th Street as the insured party, and
other discovery. Sun Prairie also answered interrogatories,
noting "an incorrect entity has been named as a
Defendant" but providing answers "in the interest
of good faith furtherance of the discovery process."
Anthony eventually learned Keith Denner is a general partner
of 60th Street and he is the sole owner of both Sun Prairie
August 29, Anthony moved to amend her petition, seeking to
add 60th Street as a defendant as owner of the property at
issue among other changes. On September 12, the court granted
Anthony's motion to amend, instructing her to "file
her amendment with the clerk of court and serve the parties
as required under the rules." On October 26, Anthony
filed her amended petition, which named 60th Street as a
March 15, 2018, Anthony served 60th Street with the amended
petition. 60th Street filed a motion to dismiss, arguing
Anthony had not served it within the required time and she
lacked good cause for failing to do so. After a hearing, the
court granted 60th Street's motion to dismiss on June 5.
6, Anthony filed a second amended petition that added PPM as
a defendant, asserting she was a tenant of PPM. PPM filed a
motion to dismiss, arguing claims against it were time barred
at that point. After a hearing, the court granted PPM's
motion to dismiss. Anthony later moved to dismiss her
petition without prejudice. She now appeals the district
court's rulings on the motions to dismiss from both 60th
Street and PPM.
Standard of Review
review decisions by the district court to grant a motion to
dismiss for correction of errors at law. Rucker v.
Taylor, 828 N.W.2d 595, 598 (Iowa 2013). "Dismissal
is proper 'only if the petition shows no right of
recovery under any state of facts.'" Hawkeye
Foodservice Distribution, Inc. v. Iowa Educators Corp.,
812 N.W.2d 600, ...