State v. Nerz

OPINION

NORTON, Judge.

Appellant challenges the district court’s order granting a motion to dismiss based on timeliness, arguing the district court erred in calculating the time provided under the applicable statute. The district court properly determined that appellant failed to file the amended complaint within the prescribed time period. We affirm.

FACTS

Originally, respondents Joan Marie Nerz and Phoenix Medical Services, Inc. were charged by complaint with 11 counts of theft by false representation. In reply to respondents’ motion, the district court dismissed the complaint for lack of…