Greif v. K-Mart Corp.

I dissent.

However commendable the purposes of Iowa Rule of Civil Procedure 215.1 may be, the facts of this case do not justify the court’s insidious transformation of plaintiffs live lawsuit into a dead one. Just as cases properly subject to dismissal under rule 215.1 should not escape that fate, cases to which the sanctions of the rule do not extend should not share that fate. Secret and silent dismissals should only be tolerated when demanded by a paramount policy.

When a court enters an order continuing a case under the rule on condition that the case be tried on a date selected by the…