Tharp v. Lee

McAnany, J.:

James Tharp, individually and on behalf of the heirs of Jeanette Adams, and as the executor of her estate, appeals the district court’s order of dismissal.

We affirm.

Jeanette Adams died on September 27, 1999, while under the medical care of defendants. Tharp filed suit against the defendants on September 26, 2001, alleging causes of action for negligence and breach of contract. On December 28, 2001 (86 days after suit *629was filed), Tharp moved for additional time to serve defendants. The court held a hearing on Tharp’s motion in January 2002 (more than 90 days after suit was filed)…