Ray v. Merle Hay Mall, Inc.

VOGEL, Judge.

Una Ray appeals the district court’s ruling denying her motion seeking relief from the operation of Iowa Rule of Civil Procedure 215.1 on the dismissal of her tort action. We find her action of securing a trial date by stipulation of the parties does not operate to circumvent the required procedure under rule 215.1. This rule mandates application to the court for a continuance to avoid dismissal for failure to try a case prior to the noticed date. Therefore, the trial court did not err in overruling Ray’s motion to declare Iowa Rule of Civil Procedure 215.1 inapplicable. Affirmed.