Finley v. Estate of De Grazio

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 apply to save her service and her lawsuit. We agree, reverse, and remand for further proceedings.

Factual and Procedural…