upholding a lower court ruling granting a discretionary extension of time for service where the statute of limitations had run, the defendant was not prejudiced by the delay, and service occurred only 24 days after the end of the 120 day period
Summary of this case from 24 Hour Fitness, USA, Inc. v. BrattenNM-06-109, NM-06-110, NM-06-112, NM-06-113, NM-06-114, NM-06-115, NM-06-116, 7-01-10779-SA.
September 26, 2007
D.N.M.
Affirmed
upholding a lower court ruling granting a discretionary extension of time for service where the statute of limitations had run, the defendant was not prejudiced by the delay, and service occurred only 24 days after the end of the 120 day period
Summary of this case from 24 Hour Fitness, USA, Inc. v. BrattenFull title:In re: Furr's Supermarkets, Inc.; Gonzales v. Amplex Corp.; Gonzales v…
Court:United States Bankruptcy Appellate Panel, Tenth Circuit
Date published: Sep 26, 2007
Id. at 769.Gonzalez v. Amplex Corp. (In re Furr's Supermarkets, Inc.), NM–06–109, 2007 WL 2827459, at *9…
24 Hour Fitness, USA, Inc. v. BrattenEspinoza, 52 F.3d at 841-42. See, e.g., In re Furr's Supermarkets, Inc., 378 B.R. 418 (B.A.P. 10th Cir. 2007)…