Werkmeister v. Kroneberger

LeGRAND, Justice.

This action alleges fraud and misrepresentation by defendants in inducing plaintiffs to invest in a series of worthless notes and mortgages. The trial court entered judgment for plaintiffs in the aggregate amount of $44,560.00. We do not reach the merits of this controversy because we decide the district court was without authority to entertain the suit following dismissal of the case under Rule 215.1, Rules of Civil Procedure.

Plaintiffs’ petition was filed on May 23, 1974. The matter was still pending a year later, and on August 7, 1975, the district court clerk notified…