Greene v. Tri-County Community School District

HARRIS, Justice.

The question is whether the trial court could reinstate a case which was dismissed for want of prosecution. Defendants moved to dismiss it under Iowa , R.Civ.P. 215.1. There was a defect in the clerk’s required notice (it was served one day late). In addition to a possible automatic dismissal under the rule the trial court entered a formal order of dismissal. A motion to reinstate was filed eleven months after dismissal, more than the six months allowable for reinstatement under rule 215.1, but within the one year allowed for setting aside judgments under Iowa R.Civ.P. 252.…