Finley v. Estate of DeGrazio

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 unique circumstances doctrine to save Finley s service of process and her lawsuit. Finley v. Estate of DeGrazio, 36 Kan. App. 2d 844, 148…